Mendonca v Tonna [2017] NSWCATCD 36

Mendonca v Tonna [2017] NSWCATCD 36

The Tribunal has jurisdiction to determine costs applications following administrative dismissal under s 55(1)(a), as the proceedings are not complete until foreshadowed costs applications are resolved; special circumstances justifying costs orders exist due to the conduct of Dr Mendonca in withdrawing three sets of proceedings and unnecessarily disadvantaging Mr Tonna, warranting indemnity costs.

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Costs Application Following Withdrawal and Dismissal of Tenancy Proceedings / Costs Determination After Dismissal of Proceedings
Outcome
Costs awarded in favour of respondent against applicant across withdrawn proceedings and costs applications
Legal Topics
['costs' 'special Circumstances' 'withdrawal of Proceedings' 'jurisdiction of Tribunal' 'indemnity Costs']
['residential Tenancy' 'tribunal Procedure' 'costs'] ['costs' 'special Circumstances' 'withdrawal of Proceedings' 'jurisdiction of Tribunal' 'indemnity Costs']

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Procedural Posture

Costs Application Following Withdrawal and Dismissal of Tenancy Proceedings / Costs Determination After Dismissal of Proceedings

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to make costs orders following dismissal of proceedings after withdrawal' 'Whether special circumstances exist to warrant an award of costs' 'Whether costs can be awarded in absence of special circumstances if the amount in dispute exceeds $30,000' 'Assessment of whether proceedings were conducted in a manner warranting indemnity costs']

Ratio Decidendi

The Tribunal has jurisdiction to determine costs applications following administrative dismissal under s 55(1)(a), as the proceedings are not complete until foreshadowed costs applications are resolved; special circumstances justifying costs orders exist due to the conduct of Dr Mendonca in withdrawing three sets of proceedings and unnecessarily disadvantaging Mr Tonna, warranting indemnity costs.

Court Disposition

Costs awarded in favour of respondent against applicant across withdrawn proceedings and costs applications

Orders

  • ["Mr Tonna's costs of his representation by solicitor and counsel on 19 August 2016 to be paid by Dr Mendonca on the ordinary basis, as agreed or assessed, within 14 days of such agreement or assessment." "Mr Tonna's costs incurred in matters RT 16/19949 and RT 16/28340 between 2 November 2016 and 16 February 2017...