Dover v Lewkovitz (No 2) (RLD) [2013] NSWADTAP 35
Given the commercial nature of the proceedings but recognizing that all grounds for a departure from the statutory regime were not met, and Mr Dover's arguments on appeal were meritorious and not untenable, it was not fair in the circumstances to award costs against the appellant. The application for a costs order was dismissed, with each party to bear own costs.
- Jurisdiction
- Australia
- Judgment Date
- 24 July 2013
- Procedural Posture
- Appeal / Application for Costs After Dismissal of Appeal
- Outcome
- Application for costs order dismissed.
- Legal Topics
- ['retail Leases' 'costs' 'assignment of Rights' 'discretionary Trusts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Costs After Dismissal of Appeal
Legal Issues
- 1 ['Whether costs should be awarded to the respondent after the dismissal of the appeal.' 'Appropriate application of section 88(1A) of the Administrative Decisions Tribunal Act 1997 regarding fairness in costs awards in the context of commercial proceedings.']
Ratio Decidendi
Given the commercial nature of the proceedings but recognizing that all grounds for a departure from the statutory regime were not met, and Mr Dover's arguments on appeal were meritorious and not untenable, it was not fair in the circumstances to award costs against the appellant. The application for a costs order was dismissed, with each party to bear own costs.
Court Disposition
Application for costs order dismissed.
Orders
- ['The application by the Respondent for a costs order is dismissed.' 'The parties are to bear their own costs of this appeal.']
Full Case Text
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