Li v Williams (No 2) [2005] NSWADT 275

Li v Williams (No 2) [2005] NSWADT 275

The applicant's rejection of a settlement offer from the respondent, which was more favourable than the tribunal's orders, constituted 'special circumstances' warranting an award of costs, albeit limited due to the lateness of the offer.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Claim for Relief Against Forfeiture / Costs Decision After Substantive Dismissal for Want of Jurisdiction
Outcome
Applicant ordered to pay respondent's costs of two hours of solicitor time
Legal Topics
['costs' 'special Circumstances' 'forfeiture' 'jurisdiction']
['retail Leases' 'administrative Tribunal Procedure'] ['costs' 'special Circumstances' 'forfeiture' 'jurisdiction']

Case Brief

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Procedural Posture

Claim for Relief Against Forfeiture / Costs Decision After Substantive Dismissal for Want of Jurisdiction

Legal Issues

  1. 1 ["Whether 'special circumstances' warrant an award of costs under Section 88 of the Administrative Decisions Tribunal Act 1997" 'Whether rejection of a settlement offer constitutes special circumstances' "Whether the applicant's claim lacked merit warranting costs"]

Ratio Decidendi

The applicant's rejection of a settlement offer from the respondent, which was more favourable than the tribunal's orders, constituted 'special circumstances' warranting an award of costs, albeit limited due to the lateness of the offer.

Court Disposition

Applicant ordered to pay respondent's costs of two hours of solicitor time

Orders

  • ["The Applicant is to pay the Respondent's costs of two hours of time spent at the Tribunal by the solicitor for the Respondent"]