Torchia v Swanton (RLD)

The case of Torchia v Swanton involves a dispute between the landlord and tenant of a retail property, heard in the Administrative Appeals Tribunal and subsequently appealed to the Supreme Court of the Territory. The tenant, Torchia, sought to challenge the tribunal's decision regarding the costs of the proceedings. The tribunal had initially ordered that Swanton, the landlord, was not to pay any costs, but later amended this order to state that there would be no order as to costs. The tenant argued that the landlord should pay the costs of the appeal, claiming it was fair to do so.

The court had to determine the meaning of the phrase 'no order as to costs' and whether it was fair to make a costs order against the landlord, Swanton, despite the landlord's failure to apply for costs at the hearing. The court considered whether the landlord's failure to apply for costs should be taken into account when deciding if it was fair to make a costs order, and if the tribunal had the authority to make such an order under section 76 of the Administrative Decisions Tribunal Act 1997.

The court held that the tribunal's decision to make no order as to costs was fair and that the tribunal had the authority to make such an order. The court found that it was not necessary to consider the landlord's failure to apply for costs at the hearing because the tribunal had already determined that it was fair to make no order as to costs. The court affirmed the tribunal's decision and made an order that there would be no costs order unless a party applied for costs within 21 days, with the opposing party then having a further 21 working days to respond. The question of costs would then be determined on the papers.