Dirani v Tarabay and anor (No.2) [2008] NSWADT 94

Dirani v Tarabay and anor (No.2) [2008] NSWADT 94

The indemnity clause in the Deed of Assignment was caught by section 7 of the Retail Leases Act 1994 and could not create an entitlement to Tribunal litigation costs that section 88 of the Administrative Decisions Tribunal Act 1997 would otherwise prohibit absent special circumstances. Neither the indemnity clause nor the fact that costs would consume about 30 percent of the damages recovered constituted special circumstances, so no costs order was warranted.

Jurisdiction
Australia
Judgment Date
20 March 2008
Procedural Posture
Retail Leases Costs Decision / Costs Following Substantive Decision, Determined on the Papers
Outcome
No order for costs.
Legal Topics
['costs Orders in Tribunal Proceedings' 'special Circumstances for Costs' 'indemnity Clause in Deed of Assignment' 'effect of Retail Leases Act 1994 on Inconsistent Agreements']
['retail Leases' 'administrative Law' 'costs'] ['costs Orders in Tribunal Proceedings' 'special Circumstances for Costs' 'indemnity Clause in Deed of Assignment' 'effect of Retail Leases Act 1994 on Inconsistent Agreements']

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Procedural Posture

Retail Leases Costs Decision / Costs Following Substantive Decision, Determined on the Papers

Legal Issues

  1. 1 ['Whether clause 5 of the Deed of Assignment entitled the applicant to recover the costs of the Tribunal litigation.' 'Whether an indemnity provision in a Deed of Assignment created special circumstances warranting a costs order.' 'Whether the fact that legal costs would consume about 30 percent of the damages recovered amounted to special circumstances.']

Ratio Decidendi

The indemnity clause in the Deed of Assignment was caught by section 7 of the Retail Leases Act 1994 and could not create an entitlement to Tribunal litigation costs that section 88 of the Administrative Decisions Tribunal Act 1997 would otherwise prohibit absent special circumstances. Neither the indemnity clause nor the fact that costs would consume about 30 percent of the damages recovered constituted special circumstances, so no costs order was warranted.

Court Disposition

No order for costs.

Orders

  • ['No order for costs.']