Ashenhurst v Optima Property Developments Pty Ltd [2006] NSWADT 143

Ashenhurst v Optima Property Developments Pty Ltd [2006] NSWADT 143

Neither party established conduct amounting to 'special circumstances' warranting an order for costs under s.88 of the Administrative Decisions Tribunal Act 1997; both costs applications are dismissed.

Jurisdiction
Australia
Judgment Date
17 May 2006
Procedural Posture
Application for Costs / Post Withdrawal, Costs Determination
Outcome
Both applications for costs dismissed.
Legal Topics
['retail Leases' 'costs' 'jurisdiction']
['property Law'] ['retail Leases' 'costs' 'jurisdiction']

Case Brief

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Procedural Posture

Application for Costs / Post Withdrawal, Costs Determination

Legal Issues

  1. 1 ["Whether 'special circumstances' exist to warrant an award of costs under s.88 of the Administrative Decisions Tribunal Act 1997 in proceedings under the Retail Leases Act 1994"]

Ratio Decidendi

Neither party established conduct amounting to 'special circumstances' warranting an order for costs under s.88 of the Administrative Decisions Tribunal Act 1997; both costs applications are dismissed.

Court Disposition

Both applications for costs dismissed.

Orders

  • ["The applicant's application for costs is dismissed." "The respondent's application for costs is dismissed."]