Williams Street Convenience Store Pty Ltd v Kronheim [2020] NSWCATAP 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams Street Convenience Store Pty Ltd v Kronheim [2020] NSWCATAP 253 Hearing dates: 2 June 2020 Date of orders: 30 November 2020 Decision date: 30 November 2020 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Lonsdale, Senior Member Decision: (1) The appeal in respect of order 2 made 30 January 2020 is allowed, the order is set aside and in lieu thereof the following order is made: The applicant (Kronheim) is to pay the costs of the proceedings of the respondent (Williams Street Convenience Store Pty Ltd) such costs to be as agreed or assessed on an ordinary basis. (2) Save as provided above, leave to appeal is refused and the appeal is otherwise dismissed. (3) Subject to order 4, each party is to pay their own costs. (4) In the event either party contends an order for costs should be made in their favour, the following directions apply: (a) Within 14 days from the date of these orders, the applicant for costs (costs applicant) is to file and serve any evidence and submissions in support of that application Costs application), whereupon order 3 will cease to have effect. (b) Within 28 days from the date of these orders, the respondent to the costs application is to file and serve any evidence and submissions in reply. (c) Within 35 days from the date of these orders, the costs applicant is to file and serve any submissions in response. (d) The submissions must include any submissions about whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act 2013 dispensing with a hearing of the costs application. Catchwords: APPEAL – retail tenancy claim – order that party is entitled to receive security bond – ancillary order COSTS – whether the Tribunal miscarried in the exercise of discretion – general rule that costs are compensatory and follow the event Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Legal Profession Act 2004 (NSW) (Repealed) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Retails Leases Act 1994 (NSW) Cases Cited: Academy of Education Ltd v Dr Nirmal Taluja & Ors (No 2) [2011] NSWSC 880 Coshott v Spencer and Ors; Coshott v Spencer and Ors [2019] HCATrans 183 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 House v R [1936] HCA 40; (1936) 55 CLR 499 Latoudis v Casey [1990] 170 CLR; 534 HCA 59 Lee v Lee's Air Farming Ltd [1961] AC 12 Northern Territory v Sangare [2019] HCA 25 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Oshlack v Richmond River Council (1998) 193 CLR 72 The Law Society of New South Wales and Stephen Gary Spring and Another [2007] NSWSC 1273 Thompson v Chapman [2016] NSCATAP 6 Texts Cited: None Category: Principal judgment Parties: Williams Street Convenience Store Pty Ltd (appellant) Dennis Kronheim (respondent) Representation: Solicitors: Warehousing Pty Ltd trading as The Retail Leases Doctor (Agents) (Appellant) Rostron Carlyle Rojas Lawyers (Respondent) File Number(s): AP20/10109 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 January 2020 Before: G Sarginson, Senior Member File Number(s): COM 18/33757