Tate v Unanderra Heights Pty Limited (No2) (RLD) [2005] NSWADTAP 22

Tate v Unanderra Heights Pty Limited (No2) (RLD) [2005] NSWADTAP 22

The Appeal Panel found that the circumstances did not amount to 'special circumstances' warranting an award of costs. The appeal was not wholly unmeritorious as it contained at least one sufficiently arguable question of law, and the appellants' rejection of settlement offers was not unreasonable given the context and uncertainty surrounding the legal position at the relevant times.

Jurisdiction
Australia
Judgment Date
27 May 2005
Procedural Posture
Appeal / Decision on Costs Following Dismissal of Appeal
Outcome
Respondent's application for costs dismissed; no order for costs on the costs application.
Legal Topics
['costs' 'retail Leases' 'appeal Procedure']
['administrative Law' 'property Law' 'commercial Law'] ['costs' 'retail Leases' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Decision on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether special circumstances warranting an award of costs exist under s 88(1) of the Administrative Decisions Tribunal Act 1997 in retail tenancy proceedings']

Ratio Decidendi

The Appeal Panel found that the circumstances did not amount to 'special circumstances' warranting an award of costs. The appeal was not wholly unmeritorious as it contained at least one sufficiently arguable question of law, and the appellants' rejection of settlement offers was not unreasonable given the context and uncertainty surrounding the legal position at the relevant times.

Court Disposition

Respondent's application for costs dismissed; no order for costs on the costs application.

Orders

  • ["The Respondents' application for the costs of the appeal is dismissed." 'There will be no order for costs on this application.']