Solomon & Anor v Singh (No. 3) [2006] NSWADT 120

Solomon & Anor v Singh (No. 3) [2006] NSWADT 120

The Tribunal found that the non-acceptance by the Respondent of a reasonable Calderbank offer constituted special circumstances, as sufficient material had been supplied by the Applicants enabling the Respondent to form a reasonable opinion, and the Respondent's counter-offer was plainly inadequate. Costs should be awarded to the Applicants from the expiry of the Calderbank offer onwards.

Jurisdiction
Australia
Judgment Date
21 April 2006
Procedural Posture
Retail Lease Dispute / Costs Determination
Outcome
Costs awarded to Applicants from 7 June 2004 onward
Legal Topics
['retail Leases' 'costs' 'mitigation of Loss' 'calderbank Offers']
['commercial Law' 'property Law'] ['retail Leases' 'costs' 'mitigation of Loss' 'calderbank Offers']

Case Brief

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Procedural Posture

Retail Lease Dispute / Costs Determination

Legal Issues

  1. 1 ['Whether special circumstances exist warranting the award of costs under Administrative Decisions Tribunal Act 1997 s 88 in a retail lease commercial dispute' 'Whether non-acceptance of a Calderbank offer constitutes a special circumstance for costs' 'Whether undisputed debt items or contractual indemnity clauses amount to special circumstances']

Ratio Decidendi

The Tribunal found that the non-acceptance by the Respondent of a reasonable Calderbank offer constituted special circumstances, as sufficient material had been supplied by the Applicants enabling the Respondent to form a reasonable opinion, and the Respondent's counter-offer was plainly inadequate. Costs should be awarded to the Applicants from the expiry of the Calderbank offer onwards.

Court Disposition

Costs awarded to Applicants from 7 June 2004 onward

Orders

  • ['The Respondent to pay the costs of the Applicant, including the costs of the costs application, as and from 7 June, 2004']