Bentley and anor v Minka Holdings Pty Ltd [2008] NSWADT 126

The Respondent's excessive and insufficiently explained delay in providing the executed Deed of Assignment and releasing the Bank Guarantee, despite consent to assignment, a replacement Bank Guarantee, warning of proceedings and a costs claim, left the Applicants with no alternative but to commence proceedings. Those circumstances constituted special circumstances warranting an award of costs, and the amount claimed was proper and reasonable.

Jurisdiction: Australia
Judgment Date: 30 April 2008
Procedural Posture: Retail Leases Division Proceedings / Costs Determination on Papers
Outcome: Costs awarded to the Applicants.
Legal Topics: ['costs in Tribunal Proceedings' 'special Circumstances for Costs' 'return of Bank Guarantee' 'assignment of Lease']

['retail Leases' 'costs'] ['costs in Tribunal Proceedings' 'special Circumstances for Costs' 'return of Bank Guarantee' 'assignment of Lease']

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

Procedural Posture

Retail Leases Division Proceedings / Costs Determination on Papers

Legal Issues

1 ['Whether special circumstances warranted an award of costs against the Respondent.' 'Whether the amount of $1,858.07 claimed by the Applicants for legal work in seeking return of the Bank Guarantee was proper and reasonable.']

Ratio Decidendi

Court Disposition

Costs awarded to the Applicants.

Orders

['The Respondent is to pay a sum of $1,858.07 to the Applicants within twenty-eight days.']