News v Cotes [2019] NSWCATAP 186

No relevant error of law or fact was demonstrated in the Tribunal’s exercise of discretion; the discretion to award costs miscarried in no way. The appellant was wholly unsuccessful; improvements to the premises and financial imbalance are not relevant to costs. The Tribunal correctly applied the relevant rules.

Jurisdiction: Australia
Judgment Date: 22 July 2019
Procedural Posture: Appeal / Post Trial (costs Appeal Decision)
Outcome: Appeal dismissed; leave to appeal refused.
Legal Topics: ['costs' 'appeals' 'retail Leases']

['civil Procedure'] ['costs' 'appeals' 'retail Leases']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Post Trial (costs Appeal Decision)

Legal Issues

1 ['Whether the costs order in favour of the respondents in the original Tribunal proceeding was made in error' 'Whether special circumstances or other considerations warranted that each party bear their own costs' 'Whether the Tribunal correctly applied r 38 of the Civil and Administrative Tribunal Rules, 2014 (NSW)']

Ratio Decidendi

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

['Leave to appeal is refused and the appeal is dismissed.' "Subject to order 3, the appellant is to pay the respondents' costs of this appeal, such costs to be as agreed or assessed on an ordinary basis." 'If a different costs order is sought, a process for submissions and evidence concerning costs is provided,...