Stringer v Glennan & Anor (No 2) [2005] NSWADT 40

Stringer v Glennan & Anor (No 2) [2005] NSWADT 40

The Applicant did not establish special circumstances under s88 of the Administrative Decisions Tribunal Act 1997. The Respondents' refusal to consent had a tenable basis in fact and law despite their misapprehension, their evidence did not unduly prolong the hearing, and the small scale of the business and limited lease term did not warrant a costs order. Each party was therefore to bear its own costs.

Jurisdiction
Australia
Judgment Date
24 February 2005
Procedural Posture
Costs Application in Retail Leases Division / On the Papers After Decision on Assignment of Lease
Outcome
Costs application refused; parties to bear their own costs.
Legal Topics
['assignment of Retail Lease' 'lessor Consent to Assignment' 'special Circumstances for Costs' 'onus Under S39 of the Retail Leases Act 1994']
['retail Leases' 'costs'] ['assignment of Retail Lease' 'lessor Consent to Assignment' 'special Circumstances for Costs' 'onus Under S39 of the Retail Leases Act 1994']

Case Brief

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Procedural Posture

Costs Application in Retail Leases Division / On the Papers After Decision on Assignment of Lease

Legal Issues

  1. 1 ["Whether special circumstances warranted an order that the Respondents pay the Applicant's costs." "Whether the Respondents' conduct and position in opposing assignment of the lease justified a costs order."]

Ratio Decidendi

The Applicant did not establish special circumstances under s88 of the Administrative Decisions Tribunal Act 1997. The Respondents' refusal to consent had a tenable basis in fact and law despite their misapprehension, their evidence did not unduly prolong the hearing, and the small scale of the business and limited lease term did not warrant a costs order. Each party was therefore to bear its own costs.

Court Disposition

Costs application refused; parties to bear their own costs.

Orders

  • ['Parties are to bear their own costs of the proceedings']