Dingwall -v- Matar & anor [2002] NSWADT 52

Dingwall -v- Matar & anor [2002] NSWADT 52

The Tribunal declared the existence of a Lease between the parties and ordered the respondents to complete, execute, stamp and register the lease documentation because the parties were not materially opposed and the order could be made by consent. No costs order was made because, despite force in the Applicant's complaints, Section 88 of the Administrative Decisions Tribunal Act 1997 was directed to legal costs in the accepted sense, and the unrepresented Applicant had not shown an entitlement to recover her claimed expenses as costs.

Jurisdiction
Australia
Judgment Date
05 April 2002
Procedural Posture
Claim for Declaration of Rights, Obligations and Liabilities Under a Lease Costs / Principal Matter
Outcome
Declaration and order made for completion, stamping and registration of the Lease; no order as to costs.
Legal Topics
['existence of Lease' 'lease Documentation and Registration' 'costs for an Unrepresented Successful Party' 'special Circumstances for Costs']
['retail Leases' 'administrative Law' 'costs'] ['existence of Lease' 'lease Documentation and Registration' 'costs for an Unrepresented Successful Party' 'special Circumstances for Costs']

Case Brief

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Procedural Posture

Claim for Declaration of Rights, Obligations and Liabilities Under a Lease Costs / Principal Matter

Legal Issues

  1. 1 ['Whether there should be a declaration that a lease existed between the parties on the terms identified by the Tribunal.' 'Whether the respondents should be ordered to complete, execute, stamp and register the lease documentation and deliver the stamped and registered original to the applicant.' 'Whether an unrepresented successful applicant was entitled to an order for costs under Section 88 of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

The Tribunal declared the existence of a Lease between the parties and ordered the respondents to complete, execute, stamp and register the lease documentation because the parties were not materially opposed and the order could be made by consent. No costs order was made because, despite force in the Applicant's complaints, Section 88 of the Administrative Decisions Tribunal Act 1997 was directed to legal costs in the accepted sense, and the unrepresented Applicant had not shown an entitlement to recover her claimed expenses as costs.

Court Disposition

Declaration and order made for completion, stamping and registration of the Lease; no order as to costs.

Orders

  • ['I declare there to be in existence between the parties a Lease in accordance with Annexure "A" to this Order subject to the following dates being inserted therein: Item 1: 4.4.2000; Item 2: 3.4.2003; Option to Renew: A 4.4.2003 to 3.4.2006; D 4.10.2002; E 4.1.2003; Rent review date: 4.4.2001; 4.4.2002; 4.4.2003;...