Pennimpede v Eden Spa Pty Ltd

The case of Gerard Pennimpede and Rita Angela Pennimpede against Eden Spa Pty Ltd, Matthew Hartney and Ashleigh Kajan, was heard in the Civil and Administrative Tribunal of New South Wales. The applicants, Gerard and Rita Pennimpede, sought an order for the payment of costs from the respondents, Eden Spa Pty Ltd and its directors, Matthew Hartney and Ashleigh Kajan, in relation to a dispute concerning a retail lease agreement. The applicants sought the costs under the authority granted by section 44(3) of the Civil and Administrative Tribunal Act 2013 (NSW).

The court was required to determine whether the applicants were entitled to an order for costs against the respondents. The applicants argued that the respondents had acted unreasonably and vexatiously in the proceedings, thereby justifying an award of costs. The respondents contended that the applicants had not acted reasonably and that the proceedings were not vexatious, and therefore, no order for costs should be made.

The Tribunal found that the respondents had acted unreasonably and vexatiously in the proceedings. The Tribunal noted that the respondents had raised frivolous arguments and had engaged in conduct that was unnecessary and wasteful of the Tribunal's time. The Tribunal held that the applicants were entitled to an order for costs against the respondents. The Tribunal ordered that the respondents pay the applicants' costs as agreed or as assessed on the ordinary basis.

The Tribunal made an order that the respondents, Eden Spa Pty Ltd, Matthew Hartney and Ashleigh Kajan, pay to the applicants, Gerard Pennimpede and Rita Angela Pennimpede, costs as agreed or as assessed on the ordinary basis.