IPM Pty Ltd v Consumer Trader and Tenancy Tribunal [2008] NSWSC 130

IPM Pty Ltd v Consumer Trader and Tenancy Tribunal [2008] NSWSC 130

The Tribunal member was correct to find that regulation 20(5)(b) did not apply since no threshold ground (frivolous, vexatious etc) was met; it was open to the Tribunal not to apply the ordinary rule as this case had distinguishing features including a settlement and insurance remedy; thus, no error of law arose and leave to appeal should not be granted.

Parties
Plaintiff: IPM Pty Ltd; First Defendant: Consumer Trader & Tenancy Tribunal; Second Defendant: Owners Corporation of Strata Plan 63856; Third Defendant: John Torrisi; Fourth Defendant: Jane Torrisi; Fifth Defendant: John William Young; Sixth Defendant: Beverly May Young; Seventh Defendant: Ian Arthur Wilson; Eighth Defendant: Pamela Anne Wilson; Ninth Defendant: Ivan Meeke; Tenth Defendant: Catherine Meeke; Eleventh Defendant: Shuet Fond Yeung NG; Twelfth Defendant: Kowk Wah NG; Thirteenth Defendant: Helen Margaret Trent; Fourteenth Defendant: Robert Earle Trent; Fifteenth Defendant: Robery Dye; Sixteenth Defendant: Susan Patricia Dye; Seventeenth Defendant: Linda Joyce Miners; Eighteenth Defendant: Margaret Ellen Fearn; Nineteenth Defendant: Kerry Anne Maskell; Twentieth Defendant: Robin Tung Keun Poon; Twenty First Defendant: Mei Tun Chueng Poon
Jurisdiction
Australia
Judgment Date
28 February 2008
Procedural Posture
Appeal / Judgment on Application for Leave and Merits
Outcome
Summons dismissed; plaintiff to pay costs of the Summons.
Legal Topics
Costs in Tribunal Proceedings, Discretion in Awarding Costs, Appeals on Questions of Law, Construction of Regulation
Administrative Law Civil Procedure Costs in Tribunal Proceedings Discretion in Awarding Costs Appeals on Questions of Law Construction of Regulation

Case Brief

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Parties

IPM Pty Ltd

Plaintiff

Consumer Trader & Tenancy Tribunal

First Defendant

Owners Corporation of Strata Plan 63856

Second Defendant

John Torrisi

Third Defendant

Jane Torrisi

Fourth Defendant

John William Young

Fifth Defendant

Beverly May Young

Sixth Defendant

Ian Arthur Wilson

Seventh Defendant

Pamela Anne Wilson

Eighth Defendant

Ivan Meeke

Ninth Defendant

Catherine Meeke

Tenth Defendant

Shuet Fond Yeung NG

Eleventh Defendant

Kowk Wah NG

Twelfth Defendant

Helen Margaret Trent

Thirteenth Defendant

Robert Earle Trent

Fourteenth Defendant

Robery Dye

Fifteenth Defendant

Susan Patricia Dye

Sixteenth Defendant

Linda Joyce Miners

Seventeenth Defendant

Margaret Ellen Fearn

Eighteenth Defendant

Kerry Anne Maskell

Nineteenth Defendant

Robin Tung Keun Poon

Twentieth Defendant

Mei Tun Chueng Poon

Twenty First Defendant

Procedural Posture

Appeal / Judgment on Application for Leave and Merits

Legal Issues

  1. 1 Whether the Tribunal erred in its approach to regulation 20(5)(b) in awarding costs
  2. 2 Whether the ordinary rule regarding costs after discontinuance was misapplied or not applied
  3. 3 Whether the power to award costs was properly exercised under regulation 20(4)

Ratio Decidendi

The Tribunal member was correct to find that regulation 20(5)(b) did not apply since no threshold ground (frivolous, vexatious etc) was met; it was open to the Tribunal not to apply the ordinary rule as this case had distinguishing features including a settlement and insurance remedy; thus, no error of law arose and leave to appeal should not be granted.

Court Disposition

Summons dismissed; plaintiff to pay costs of the Summons.

Orders

  • Summons dismissed.
  • Plaintiff to pay the costs of the Summons.