LAWRENCE BRENNAN & BARHEN (Residential Tenancies)

[2011] ACAT 74

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

LAWRENCE BRENNAN & BARHEN (Residential Tenancies) [2011] ACAT 74

RT 647 of 2011

Catchwords:             RESIDENTIAL TENANCIES – cost order – cost of subpoenaing witnesses

List of Legislation:    ACT Civil & Administrative Tribunal Act 2008, s 48

List of cases:             Perpetual Trustees (Canberra) Ltd v Young [2005] ACTRTT 5

Tribunal:                  Ms J. Lennard, Senior Member

Date of Orders:  31 October 2011

Date of Reasons for Decision:       3 November 2011

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL     )          RT 647 of 2011

BETWEEN:

Godfrey Lawrence & Elizabeth Brennan

GODFREY LAWRENCE AND

ELIZABETH BRENNAN

Applicant

AND:

AVNER BARHEN

Respondent

TRIBUNAL:            Ms J. Lennard, Senior Member

DATE:  3 November 2011

ORDER

1.The Applicant pay to the Respondent the amount of $72.00 being costs incurred in the matter, within 24 days of the date of this order.

………………………………..

Ms J Lennard

Senior Member

REASONS FOR DECISION

1. On 26 August 2011 ACAT made a decision in favour of the Respondent.

2. ACAT allowed parties 28 days to file submissions as to costs.

3. The Respondent filed brief submissions and asked for costs of $72, being the costs of subpoenaing witnesses. The respondent relied upon Perpetual Trustees (Canberra) Ltd v Young [2005] ACTRTT 5 (13 April 2005). The Applicant was served with a copy of the Respondent’s submissions, but made no submissions as to costs.

4. The ACT Civil and Administrative Tribunal Act 2008 provides at s48:

   (1)     The parties to an application must bear their own costs unless this Act otherwise provides or the tribunal otherwise orders.

     (2)     However—

         (a)     if the tribunal decides an application in favour of the     
         applicant—the tribunal may order the other party to pay the     
         applicant the filing fee for the application; or

         (b)     if the tribunal considers that a party to an application caused
          unreasonable delay or obstruction before or while the tribunal
          was dealing with the application—the tribunal may order the
          party to pay the reasonable costs of the other party arising from
          the delay or obstruction; ...

5. ACAT notes that the Respondent incurred the cost of the subpoenas of the two witnesses.

………………………………..

Ms J. Lennard

Senior Member