The Glen Village Limited v Cracknell [2014] NSWCATCD 176

The Glen Village Limited v Cracknell [2014] NSWCATCD 176

The respondents did not discharge the burden of showing exceptional circumstances warranting departure from the default position that each party bears their own costs. Because the substantive claims were dismissed on the preliminary ground that they were out of time, the Tribunal did not determine the merits and therefore could not find that the substantive claims were frivolous, vexatious, misconceived or lacking in substance.

Jurisdiction
Australia
Judgment Date
19 September 2014
Procedural Posture
Costs / Decision on Costs Following Dismissal of Substantive Claims
Outcome
Each party is to bear their own costs.
Legal Topics
['costs in Tribunal Proceedings' 'exceptional Circumstances' 'frivolous, Vexatious, Misconceived or Lacking in Substance Proceedings' 'application Filed Out of Time' 'letting or Subletting Premises in a Retirement Village']
['retirement Villages' 'tribunal Procedure' 'costs'] ['costs in Tribunal Proceedings' 'exceptional Circumstances' 'frivolous, Vexatious, Misconceived or Lacking in Substance Proceedings' 'application Filed Out of Time' 'letting or Subletting Premises in a Retirement Village']

Case Brief

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Procedural Posture

Costs / Decision on Costs Following Dismissal of Substantive Claims

Legal Issues

  1. 1 ["Whether the respondents should be awarded costs after the applicant's substantive claims were dismissed as filed out of time." 'Whether filing the application out of time made the proceedings exceptional, frivolous, vexatious, misconceived or lacking in substance for the purposes of a costs order.']

Ratio Decidendi

The respondents did not discharge the burden of showing exceptional circumstances warranting departure from the default position that each party bears their own costs. Because the substantive claims were dismissed on the preliminary ground that they were out of time, the Tribunal did not determine the merits and therefore could not find that the substantive claims were frivolous, vexatious, misconceived or lacking in substance.

Court Disposition

Each party is to bear their own costs.

Orders

  • ['Each party is to bear their own costs']