Rasko Holdings Pty Ltd v Peat and ors [2008] NSWADT 43

Rasko Holdings Pty Ltd v Peat and ors [2008] NSWADT 43

Costellos were in default and abandoned the premises, leaving rent and outgoings unpaid. The lease and its assignments obliged them to pay rent, outgoings, interest, and the landlord's reasonable costs. Special circumstances existed due to abandonment, nature of dispute, and the procedural conduct of Costellos, justifying a costs order.

Jurisdiction
Australia
Judgment Date
06 February 2008
Procedural Posture
Claim for Payment of Money Costs / Principal Matter/decision
Outcome
Application by Rasko Holdings Pty Ltd against William and Susan Costello allowed. Costello's counterclaim dismissed. Matters against some respondents discontinued or dismissed. Further related matter adjourned.
Legal Topics
['lease Assignment' 'default on Lease' 'counterclaim for Damages' 'award of Costs' 'special Circumstances for Costs']
['retail Leases'] ['lease Assignment' 'default on Lease' 'counterclaim for Damages' 'award of Costs' 'special Circumstances for Costs']

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Procedural Posture

Claim for Payment of Money Costs / Principal Matter/decision

Legal Issues

  1. 1 ['Are William and Susan Costello liable for unpaid rent, outgoings, interest, and costs under an assigned retail lease?' "Is Rasko Holdings Pty Ltd entitled to costs, and do 'special circumstances' exist for an order of costs against Costello?"]

Ratio Decidendi

Costellos were in default and abandoned the premises, leaving rent and outgoings unpaid. The lease and its assignments obliged them to pay rent, outgoings, interest, and the landlord's reasonable costs. Special circumstances existed due to abandonment, nature of dispute, and the procedural conduct of Costellos, justifying a costs order.

Court Disposition

Application by Rasko Holdings Pty Ltd against William and Susan Costello allowed. Costello's counterclaim dismissed. Matters against some respondents discontinued or dismissed. Further related matter adjourned.

Orders

  • ['Application against Goislav and Wendy Dawn Burcul dismissed with no order as to costs.' 'Leave given to Rasko to discontinue application against Daryl Peat, with no order as to costs.' 'Susan and William Costello to pay Rasko $48,663.15 (being $38,891.30 plus $9,771.85) plus costs as agreed or assessed.'...