Subway Realty Pty Ltd v Nekon Pty Ltd (No 2) [2013] NSWADT 276

Subway Realty Pty Ltd v Nekon Pty Ltd (No 2) [2013] NSWADT 276

Changing grounds by the Applicants at the outset of the hearing without prior notice caused the Respondent to undertake additional work and written submissions. The Tribunal found it fair that the Applicants pay the Respondent's costs of the hearing and written submissions.

Jurisdiction
Australia
Judgment Date
29 November 2013
Procedural Posture
Retail Leases Dispute / Post Hearing Costs Determination
Outcome
The Applicants are to pay the Respondent's costs of the hearing and the written submissions following the hearing on a party/party basis as assessed or agreed.
Legal Topics
['costs' 'retail Leases']
['commercial Law' 'administrative Law'] ['costs' 'retail Leases']

Case Brief

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Procedural Posture

Retail Leases Dispute / Post Hearing Costs Determination

Legal Issues

  1. 1 ['Whether it is fair to make a costs order in favour of the respondent']

Ratio Decidendi

Changing grounds by the Applicants at the outset of the hearing without prior notice caused the Respondent to undertake additional work and written submissions. The Tribunal found it fair that the Applicants pay the Respondent's costs of the hearing and written submissions.

Court Disposition

The Applicants are to pay the Respondent's costs of the hearing and the written submissions following the hearing on a party/party basis as assessed or agreed.

Orders

  • ["The Applicants are to pay the Respondent's costs of the hearing and written submissions following the hearing upon a party/party basis as are assessed or agreed."]