Citywide Developments Pty Ltd v Dawn Piebenga;; Dawn Piebenga v Citywide Developments Pty Ltd

Citywide Developments Pty Ltd and Dawn Piebenga were involved in a dispute that was heard by the Civil and Administrative Tribunal. The case centred on an order for legal costs in relation to two matters: HB 14/41322 and HB 14/27779. Piebenga applied for an order that Citywide Developments pay her legal costs, while Citywide Developments sought an order for costs against Piebenga. The court had to determine whether there were special circumstances warranting an order for costs and whether such an order would be appropriate under Rule 38 of the Civil and Administrative Tribunal Rules 2014.

The central legal issue before the court was whether the circumstances of the case warranted an order for costs, and if so, what the appropriate amount of costs should be. The court considered the nature of the proceedings, the conduct of the parties, and whether there were any special circumstances that justified an order for costs. The court also had to determine whether such an order would be appropriate under the relevant rule of the tribunal.

The court found that in matter number HB 14/41322, neither party was entitled to an order for costs as there were no special circumstances. In matter number HB 14/27779, the court found that special circumstances did exist, and therefore the respondent was to pay 50% of the applicant’s costs of the proceedings. The court noted that the respondent's conduct was unreasonable and that there were no mitigating factors that would justify a lesser order.

The final orders were that in matter number HB 14/41322 each party was to pay their own costs, and in matter number HB 14/27779 the respondent was to pay 50% of the applicant’s costs of the proceedings on the ordinary basis as agreed or assessed.