Hasan v Pirasta Pty Ltd [2015] NSWCATAP 153

Hasan v Pirasta Pty Ltd [2015] NSWCATAP 153

Leave to appeal the costs decision is required as no question of law was raised; the Tribunal had discretion to award costs in retail lease claim over $30,000; the discretion was properly exercised and no substantial miscarriage of justice was shown; appeal is refused and dismissed.

Parties
Appellant: Turan Hasan; Respondent: Pirasta Pty Ltd
Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Against Costs Order
Outcome
leave to appeal refused; appeal dismissed
Legal Topics
Retail Leases, Costs Orders, Appeals
Commercial Law Retail Leases Costs Orders Appeals

Case Brief

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Parties

Turan Hasan

Appellant

Pirasta Pty Ltd

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Against Costs Order

Legal Issues

  1. 1 Whether the appeal was lodged in time
  2. 2 Whether leave to appeal the costs decision was required
  3. 3 Whether leave should be granted and the appeal allowed

Ratio Decidendi

Leave to appeal the costs decision is required as no question of law was raised; the Tribunal had discretion to award costs in retail lease claim over $30,000; the discretion was properly exercised and no substantial miscarriage of justice was shown; appeal is refused and dismissed.

Court Disposition

leave to appeal refused; appeal dismissed

Orders

  • Application for leave to appeal is refused
  • The appeal is otherwise dismissed