Wynne Avenue Property Ltd v MJHQ Pty Ltd (No 2) [2019] NSWCATAP 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wynne Avenue Property Ltd v MJHQ Pty Ltd (No 2) [2019] NSWCATAP 68 Hearing dates: On the papers Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: (1) A hearing of the costs application be dispensed with. (2) There be no order as to the costs of the proceedings at first instance and of the appeal. Catchwords: COSTS – retail lease proceedings – orders as sought by tenant made by consent at first directions hearing except as to costs – merits of landlord's attempt to terminate occupancy - special circumstances – indemnity costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Retail Leases Act 1994 (NSW) Cases Cited: Aspromonte Pty Ltd v Zagari [1999] NSWSC 831 Burbridge v Vosedo Pty Ltd [2005] NSWADT 8 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Helou v Bong Bong Limited [2006] NSWADT 128 Randi Wixs Pty Ltd v Pokana Pty Ltd (No. 2) [2003] NSWADT 4 SCC (Sam Construction Company) Pty Ltd v Wingate [2017] NSWCATAP 222 Spud Surf Chatswood Pty Ltd v PT Ltd [2012] NSWADTAP 2 Zeaiter Corporate Holdings Pty Ltd v Satchitanantham (No. 2) [2009] NSWADT 70 Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2018] NSWCATAP 197 Mendonca v Tonna [2017] NSWCATAP 176 Texts Cited: Nil Category: Principal judgment Parties: Wynne Avenue Property Pty Ltd (Appellant) MJHQ Pty Ltd (Respondent) Representation: Counsel: AF Fernon (Appellant)