Denovan v Tynan [2009] NSWADT 159

The Tribunal declined to exercise its discretion to award costs as Respondent conceded nearly the entire claim and did not conduct proceedings in a manner warranting a costs order under s88(1A) of the Administrative Decisions Tribunal Act 1997. Damages for abatement of rent due to water leakage were awarded but are not considered legal costs.

Parties: Applicant: Margaret Denovan; Respondent: Judith Ann Tynan
Jurisdiction: Australia
Judgment Date: 22 June 2009
Procedural Posture: Application / Written Reasons Following Telephone Directions Hearing
Outcome: Application largely conceded by Respondent except for costs, which were not awarded. Damages for four days abated rent granted.
Legal Topics: Costs in Tribunal Proceedings, Abatement of Rent, Lease Covenants, Damages, Repair Obligations

Administrative Law Lease Disputes Costs in Tribunal Proceedings Abatement of Rent Lease Covenants Damages Repair Obligations

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Margaret Denovan

Applicant

Judith Ann Tynan

Respondent

Procedural Posture

Application / Written Reasons Following Telephone Directions Hearing

Legal Issues

1 Entitlement to claim costs in Tribunal proceedings
2 Damage claim for abatement of rent due to water leakage
3 Lessor's obligations for repairs and signage

Ratio Decidendi

Court Disposition

Application largely conceded by Respondent except for costs, which were not awarded. Damages for four days abated rent granted.

Orders

Note that bond monies have been repaid.
Lessor to comply with covenant 18.2 of the Lease.