North Eastern Travel Stops Pty Ltd v Bradley & Ors (No 2) (RLD) [2005] NSWADTAP 17

North Eastern Travel Stops Pty Ltd v Bradley & Ors (No 2) (RLD) [2005] NSWADTAP 17

The lack of real merit in the appellant's arguments on the key issue of contractual interpretation in a retail leases context, warranting a finding that 'special circumstances' exist under s 88(1), justifies an order that the appellant pay the respondents' costs of both the appeal and the interim application.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
appellant to pay respondents' costs of the appeal and interim application; no order for costs on this application unless applied for within 28 days
Legal Topics
['retail Leases' 'costs in Appeals']
['commercial Law' 'property Law'] ['retail Leases' 'costs in Appeals']

Source-derived case record

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Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ["Whether 'special circumstances' exist to warrant an award of costs under s 88(1) of the Administrative Decisions Tribunal Act 1997"]

Ratio Decidendi

The lack of real merit in the appellant's arguments on the key issue of contractual interpretation in a retail leases context, warranting a finding that 'special circumstances' exist under s 88(1), justifies an order that the appellant pay the respondents' costs of both the appeal and the interim application.

Court Disposition

appellant to pay respondents' costs of the appeal and interim application; no order for costs on this application unless applied for within 28 days

Orders

  • ["The Appellant is to pay the Respondents' costs of (a) the application for an interim order heard on 19 August 2004 and (b) the appeal." 'Unless costs are applied for within 28 days of the date of these reasons, there will be no order for costs on this application.']