Wilbe Pty Ltd v Malmundu Pty Ltd [2007] NSWADT 172

Wilbe Pty Ltd v Malmundu Pty Ltd [2007] NSWADT 172

The respondent’s failure over an extended period to respond to the applicant’s clear and repeated requests for a renewed lease, and lack of substantive defence prior to the proceedings, caused the applicant to incur unnecessary costs. This constitutes special circumstances justifying an order for costs in the applicant’s favour.

Parties
Applicant: Wilbe Pty Ltd; Respondent: Malmundu Pty Ltd
Jurisdiction
Australia
Judgment Date
03 August 2007
Procedural Posture
Application for Declaration of Rights Under Lease; Costs Application / Costs Determination After Consent Orders
Outcome
Respondent ordered to pay applicant's costs of the application as assessed or agreed.
Legal Topics
Retail Lease, Costs in Tribunal, Exercise of Option to Renew Lease
Property Law Commercial Law Retail Lease Costs in Tribunal Exercise of Option to Renew Lease

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Parties

Wilbe Pty Ltd

Applicant

Malmundu Pty Ltd

Respondent

Procedural Posture

Application for Declaration of Rights Under Lease; Costs Application / Costs Determination After Consent Orders

Legal Issues

  1. 1 Whether the respondent’s conduct in failing to respond to the applicant’s request for renewal of lease constitutes special circumstances warranting an order for costs
  2. 2 Whether, in all circumstances, an order for costs should be made in favour of the applicant

Ratio Decidendi

The respondent’s failure over an extended period to respond to the applicant’s clear and repeated requests for a renewed lease, and lack of substantive defence prior to the proceedings, caused the applicant to incur unnecessary costs. This constitutes special circumstances justifying an order for costs in the applicant’s favour.

Court Disposition

Respondent ordered to pay applicant's costs of the application as assessed or agreed.

Orders

  • The respondent to pay the applicant's costs of this application as assessed or agreed.