Lituma Pty Limited v Jafari (No 2) [2005] NSWADTAP 60

Lituma Pty Limited v Jafari (No 2) [2005] NSWADTAP 60

The Respondent identified no aspects of the appeal proceedings constituting special circumstances, and the appeal raised a difficult question of interpretation with clearly meritorious arguments, so there was no basis to award costs under s 88 of the Administrative Decisions Tribunal Act 1997.

Jurisdiction
Australia
Judgment Date
17 November 2005
Procedural Posture
Costs Application in Appeal / Decided on the Papers
Outcome
Respondent's application for costs of the appeal dismissed.
Legal Topics
['costs of Appeal' 'special Circumstances for Costs' 'retail Tenancy Proceedings']
['administrative Law' 'retail Leases' 'costs'] ['costs of Appeal' 'special Circumstances for Costs' 'retail Tenancy Proceedings']

Case Brief

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Procedural Posture

Costs Application in Appeal / Decided on the Papers

Legal Issues

  1. 1 ['Whether the Respondent should be awarded the costs of the appeal.' 'Whether there were special circumstances warranting an award of costs under s 88 of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

The Respondent identified no aspects of the appeal proceedings constituting special circumstances, and the appeal raised a difficult question of interpretation with clearly meritorious arguments, so there was no basis to award costs under s 88 of the Administrative Decisions Tribunal Act 1997.

Court Disposition

Respondent's application for costs of the appeal dismissed.

Orders

  • ["Respondnet's application for costs of the appeal dismissed"]