Wynne Avenue Property Pty Limited v MJHQ Pty Limited [2018] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wynne Avenue Property Pty Limited v MJHQ Pty Limited [2018] NSWCATAP 197 Hearing dates: 23 May 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: (1) Appeal allowed. (2) Set aside the order made by the Tribunal on 23 January 2018. (3) Within 14 days of the date of these orders, the parties are to provide to the Appeal Panel and to each other any further documents (including written submissions) on which that party intends to rely in the re-determination by the Appeal Panel of the costs of the proceedings at first instance and in the determination of the costs of this appeal. (4) Within a further 14 days the parties are to provide to each other and to the Appeal Panel any documents (including written submissions) in reply. (5) The parties' further documents must include submissions on the issue of whether or not an order should be made by the Appeal Panel dispensing with a hearing about these costs issues pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2015 (NSW). Catchwords: COSTS – retail lease applications for interim orders and final relief for lessee to secure continued occupation of premises in shopping centre - settled by consent orders at first directions hearing - costs orders made on the papers including indemnity costs - whether errors of law in Tribunal's findings of special circumstances and delinquency of lessor – order for re-determination of costs application by Appeal Panel Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Craig v South Australia (1995) 184 CLR 163 Helou v Bong Bong Limited [2006] NSWADT 128 Hernady v Raccani [2016] NSWCATAP 67 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 MSP Consulting and Building Constructions Pty Ltd v Karkoulas (No 2) [2016] NSWCATAP 183 Seltram Pty Ltd v Ghaleb [2005] NSWCA 208 Texts Cited: None Category: Principal judgment Parties: Wynne Avenue Property Pty Limited (Appellant)