Paul George Pty Ltd v Peros (No.2) [2003] NSWADT 218

Paul George Pty Ltd v Peros (No.2) [2003] NSWADT 218

The Applicant did not establish special circumstances warranting an award of costs. The Applicant was not wholly successful in the way submitted, the Respondents' arguments were made in good faith and had a reasonable basis, and success in the proceedings did not by itself justify departing from the position that each party should bear its own costs.

Jurisdiction
Australia
Judgment Date
22 September 2003
Procedural Posture
Retail Leases Costs Application / Determined on the Papers After the Substantive Matter
Outcome
The Applicant's application for costs was refused.
Legal Topics
['special Circumstances for Costs' 'retail Leases Division' 'costs Orders in Tribunal Proceedings']
['retail Leases' 'administrative Law' 'costs'] ['special Circumstances for Costs' 'retail Leases Division' 'costs Orders in Tribunal Proceedings']

Case Brief

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Procedural Posture

Retail Leases Costs Application / Determined on the Papers After the Substantive Matter

Legal Issues

  1. 1 ['Whether the Tribunal should award costs to the Applicant under section 88 of the Administrative Decisions Tribunal Act 1997 and section 77A of the Retail Leases Act 1994.' 'Whether there were special circumstances warranting an award of costs.' "Whether the Applicant was wholly successful and whether the Respondents' defence was unmeritorious."]

Ratio Decidendi

The Applicant did not establish special circumstances warranting an award of costs. The Applicant was not wholly successful in the way submitted, the Respondents' arguments were made in good faith and had a reasonable basis, and success in the proceedings did not by itself justify departing from the position that each party should bear its own costs.

Court Disposition

The Applicant's application for costs was refused.

Orders

  • ["The Applicant's application for costs is refused."]