Subway Vault (NSW) Pty Ltd v Gogo MD Pty Ltd (No 2)

Subway Vault (NSW) Pty Ltd sought an order from the Civil and Administrative Tribunal (CAT) in New South Wales to recover costs from Gogo MD Pty Ltd. The dispute arose from proceedings between the parties in relation to a commercial lease agreement. The Tribunal found in favour of Gogo MD Pty Ltd and ordered Subway Vault (NSW) Pty Ltd to pay the costs of the Tribunal proceedings. Subway Vault (NSW) Pty Ltd appealed to the Supreme Court of New South Wales, challenging the CAT's decision to order it to pay the costs. The legal issues before the Supreme Court were whether the CAT had the jurisdiction to order the payment of costs and, if so, whether the CAT was correct to order Subway Vault (NSW) Pty Ltd to pay the costs of the Tribunal proceedings. The Supreme Court held that the CAT had jurisdiction to order the payment of costs and that the principle that costs follow the event applied. The court found that there was no basis to depart from the usual principle that costs follow the event. The Supreme Court dismissed the appeal and ordered that Subway Vault (NSW) Pty Ltd pay the costs of the Tribunal proceedings as agreed or assessed on the basis set out in the legal costs legislation.