Plant v Meriton Properties Pty Ltd (No. 2) (Costs) (RLD) [2010] NSWADTAP 20

Plant v Meriton Properties Pty Ltd (No. 2) (Costs) (RLD) [2010] NSWADTAP 20

Given the lack of strength in the appellant's appeal, the commercial nature and experience of the parties, and the principles governing costs in the Tribunal (including considerations under s 88(1A)), it is fair for the unsuccessful appellant to pay the respondent's costs of the appeal.

Parties
Appellant: Wayne Douglas Plant; Respondent: Meriton Properties Pty Ltd
Jurisdiction
Australia
Judgment Date
31 March 2010
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Appellant to pay Respondent's costs of and in connection with the appeal, as agreed or assessed under the Legal Profession Act 2004.
Legal Topics
Retail Leases, Costs on Appeal, Power to Award Costs Under Administrative Decisions Tribunal Act, Personal Guarantees in Commercial Leases
Property Law Commercial Law Administrative Law Retail Leases Costs on Appeal Power to Award Costs Under Administrative Decisions Tribunal Act Personal Guarantees in Commercial Leases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Wayne Douglas Plant

Appellant

Meriton Properties Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the appellant should pay the respondent's costs of an unsuccessful appeal in the Administrative Decisions Tribunal involving a retail lease dispute
  2. 2 Principles governing costs under s 88 of the Administrative Decisions Tribunal Act 1997 as amended
  3. 3 Effect of contractual costs clauses in retail leases regulated by the Retail Leases Act 1994

Ratio Decidendi

Given the lack of strength in the appellant's appeal, the commercial nature and experience of the parties, and the principles governing costs in the Tribunal (including considerations under s 88(1A)), it is fair for the unsuccessful appellant to pay the respondent's costs of the appeal.

Court Disposition

Appellant to pay Respondent's costs of and in connection with the appeal, as agreed or assessed under the Legal Profession Act 2004.

Orders

  • That the Appellant pay the Respondent's costs of and in connection with the appeal, as agreed or assessed under the Legal Profession Act 2004.