Jonamill Pty Ltd v Alramon Pty Ltd (No 2) (RLD) [2010] NSWADTAP 3

Jonamill Pty Ltd v Alramon Pty Ltd (No 2) (RLD) [2010] NSWADTAP 3

Having regard to the substantial disparity in the strength of the parties’ claims and the nature of the proceedings (an unsuccessful appeal in the Retail Leases Division), it is fair under section 88 of the Administrative Decisions Tribunal Act 1997 that the unsuccessful appellant pay the respondent’s costs of the appeal.

Parties
Appellant: Jonamill Pty Ltd; Respondent: Alramon Pty Ltd
Jurisdiction
Australia
Judgment Date
20 January 2010
Procedural Posture
Appeal / Costs Following Dismissal of Appeal
Outcome
Application for costs by Respondent granted.
Legal Topics
Costs, Retail Leases, Notice Requirements Under Lease, Interpretation of Tribunal Legislation
Administrative Law Tenancy and Leasing Law Commercial Law Costs Retail Leases Notice Requirements Under Lease Interpretation of Tribunal Legislation

Case Brief

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Parties

Jonamill Pty Ltd

Appellant

Alramon Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the Respondent is entitled to costs of the appeal under section 88 of the Administrative Decisions Tribunal Act 1997, having regard to the 'fairness' test and the relative strengths of the parties' claims
  2. 2 Interpretation and application of clause 12.6 of the Lease regarding notice of change of address

Ratio Decidendi

Having regard to the substantial disparity in the strength of the parties’ claims and the nature of the proceedings (an unsuccessful appeal in the Retail Leases Division), it is fair under section 88 of the Administrative Decisions Tribunal Act 1997 that the unsuccessful appellant pay the respondent’s costs of the appeal.

Court Disposition

Application for costs by Respondent granted.

Orders

  • The Appellant is to pay the Respondent's costs of this appeal, as agreed or as assessed under the Legal Profession Act 2004.