Ung v Golden Century Property Investments Pty Ltd

The matter of Ung v Golden Century Property Investments Pty Ltd involved a dispute between the tenant, Ung, and the landlord, Golden Century Property Investments Pty Ltd, concerning the termination of a lease agreement. The case was heard by the Civil and Administrative Tribunal of New South Wales. The tenant sought to challenge the landlord's decision to terminate the lease, while the landlord sought costs for the proceedings.

The primary legal issue before the Tribunal was whether the landlord was entitled to its costs for the proceedings, specifically the costs associated with the tenant's challenge to the termination of the lease. The Tribunal needed to determine if there were any special circumstances or discretionary reasons to award costs to the landlord.

In deciding the costs application, the Tribunal noted that no special circumstances were present that would warrant a departure from the usual rule that each party bears their own costs. The Tribunal found no discretionary reason to award costs to the landlord, resulting in an order that each party bear their own costs for both proceedings. The Tribunal exercised its discretion under section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to determine the costs application on the basis of the papers lodged by the parties, without requiring a hearing with the parties present.