Chen v Metrix Development Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Chen v Metrix Development Pty Ltd [2021] NSWCATCD 87

Hearing dates:

On the Papers

Date of orders:

12 August 2021

Decision date:

12 August 2021

Jurisdiction:

Consumer and Commercial Division

Before:

G Kinsey, General Member

Decision:

(1) An oral hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) Each party in the proceedings in the Tribunal is to pay the party’s own costs.

(3) The application for costs by the Respondents is dismissed.

Catchwords:

COSTS — Whether special circumstances exist pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 — No special circumstances exist-application for costs dismissed — No order as to costs

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Rules 2014 (NSW)

Cases Cited:

Allen v TriCare (Hastings) Ltd [2017] NSWCATAP] 25

Nguyen v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen[2015] NSWCATAP 264

Texts Cited:

Nil

Category:

Costs

Parties:

Hong Yan Chen (First Applicant)
Wei Dong Liang (Second Applicant)
Metrix Development Pty Ltd (First Respondent)
Anthony Metledge (Second Respondent)
Lauren Metledge (Third Respondent)

Representation:

Solicitors:
Baldock Stacy & Niven Solicitors (Applicants)
Mary Metledge Solicitor (Respondents)

File Number(s):

RT 21/14135

Publication restriction:

Nil

REASONS FOR DECISION

APPLICATION

1. This is an application for costs by the Respondents (Metrix Development Pty Ltd, Anthony Metledge and Lauren Metledge) following the withdrawal of proceedings in matter RT 21/14135. The Respondents were tenants of a property in Orchards Avenue Breakfast Point (“the Premises”) For the sake of convenience the Respondents shall hereinafter be referred to as “the Tenants”.

2. The Applicants (Hong Yan Chen and Wei Dong Liang) in matter RT 21/14135 were the Landlords of the property. The Landlords filed an application on 29 March 2021 seeking orders for termination of the residential tenancy under section 85 of the Residential Tenancies Act 2010 and payment of the rental bond (“the Application”). For the sake of convenience the Applicants shall hereinafter be referred to as “the Landlords”.

3. On 3 May 2021 the Application was listed for conciliation and directions. At the hearing both parties were given leave to be legally represented and directions were made for the filing and service of evidence.

BACKGROUND

4. It is convenient to set out the history of the tenancy.

5. The Landlords and the Tenants entered into a residential tenancy agreement for the Premises on or about 15 April 2019. The term of the agreement was 12 months commencing on 15 April 2019 and ending on 14 April 2020.

6. At the end of the fixed term the Tenants remained in the Premises.

7. The Landlords served the Tenants with 3 Notices of Termination:

1. Notice of Termination dated 17 November 2020 under section 85 of the Residential Tenancies Act 2010 (“the Act”). The notice required the Tenants to give vacant possession on 15 February 2021. (“the first NOT”)

2. Notice of Termination dated 15 January 2021 under section 87 of the Act for…