Mara Pty Ltd v Arlington Property Group Pty Ltd [2014] NSWCATCD 70

Mara Pty Ltd v Arlington Property Group Pty Ltd [2014] NSWCATCD 70

The renewal proceeding was to be treated as a new application under s 43(3) and s 24 of the Consumer Trader and Tenancy Tribunal Act 2001. Because the amount claimed or in dispute was not more than $30,000, the Tribunal could award costs only if satisfied that exceptional circumstances existed under Reg. 20(3). The applicant relied on the wrong criterion and did not establish exceptional circumstances; there was no legal or factual complexity, and the conduct of both parties contributed to the delay. Therefore each party should pay its own costs.

Jurisdiction
Australia
Judgment Date
07 May 2014
Procedural Posture
Costs Decision in Renewal Proceedings Under S 43(2) of the Consumer Trader and Tenancy Tribunal Act 2001 / Decided on the Papers After Orders and Reasons on the Substantive Application Were Published on 23 December 2013
Outcome
Each party to the proceedings is to pay its own costs.
Legal Topics
['exceptional Circumstances' 'renewal Proceedings' 'costs Discretion' 'consumer Trader and Tenancy Tribunal']
['civil Procedure' 'tribunal Proceedings' 'costs'] ['exceptional Circumstances' 'renewal Proceedings' 'costs Discretion' 'consumer Trader and Tenancy Tribunal']

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Procedural Posture

Costs Decision in Renewal Proceedings Under S 43(2) of the Consumer Trader and Tenancy Tribunal Act 2001 / Decided on the Papers After Orders and Reasons on the Substantive Application Were Published on 23 December 2013

Legal Issues

  1. 1 ['Whether the Tribunal should award costs of the renewal proceedings in HB 13/29433' 'Whether the renewal application should be treated as part of the original proceedings or as a new application' 'Whether exceptional circumstances existed under Reg. 20(3) of the Consumer Trader & Tenancy Tribunal Regulation 2009 to warrant an award of costs']

Ratio Decidendi

The renewal proceeding was to be treated as a new application under s 43(3) and s 24 of the Consumer Trader and Tenancy Tribunal Act 2001. Because the amount claimed or in dispute was not more than $30,000, the Tribunal could award costs only if satisfied that exceptional circumstances existed under Reg. 20(3). The applicant relied on the wrong criterion and did not establish exceptional circumstances; there was no legal or factual complexity, and the conduct of both parties contributed to the delay. Therefore each party should pay its own costs.

Court Disposition

Each party to the proceedings is to pay its own costs.

Orders

  • ['Each party to the proceedings is to pay its own costs.']