Newham Business Brokers Pty Ltd v ACN 120 452 744 Pty Ltd & Anor (No 2) (Civil Dispute)

The case of Newham Business Brokers Pty Ltd v ACN 120 452 744 Pty Ltd & Anor (No 2) involved the applicant, a business broker, suing the first respondent for commission owed under a contract dated 8 April 2015. The matter was before the Civil and Administrative Tribunal, which had jurisdiction under the Civil Dispute Resolution Act 2011 (NSW). The applicant sought costs under section 48 of the Act, interest on top of the $25,000 monetary limit, a tribunal lodgement fee as costs, and the dismissal of a third party’s costs application. The third party’s claim was considered an abuse of process.

The legal issues for the Tribunal to determine included whether interest could be claimed on top of the $25,000 monetary limit, whether a tribunal lodgement fee could be claimed as costs, and whether the third party’s costs application was an abuse of process. The Tribunal found that the interest claimed by the applicant was not payable as it exceeded the monetary limit set by the Act. Regarding the tribunal lodgement fee, the Tribunal held that it was not recoverable as a cost unless specifically provided for by law. Furthermore, the Tribunal dismissed the third party’s costs application, finding it to be an abuse of process.

In its decision, the Tribunal ordered the first respondent to pay the applicant the commission owed under the contract. The Tribunal also dismissed the third party’s costs application, finding it to be an abuse of process. No interest was awarded to the applicant as it exceeded the monetary limit set by the Act. Additionally, the tribunal lodgement fee was not recoverable as a cost.

The Tribunal's final orders were that the first respondent must pay the applicant the commission owed under their contract in the sum of $25,300 on or before 15 October 2020, and that the third party’s costs application was dismissed.