Yu v Han

[2022] NSWCATCD 93

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Yu v Han [2022] NSWCATCD 93

Hearing dates:

On the papers

Date of orders:

6 June 2022

Decision date:

06 June 2022

Jurisdiction:

Consumer and Commercial Division

Before:

P French, General Member

Decision:

1. A hearing on the issue of costs is dispensed with pursuant to section 50(1)(c) of the Civil and Administrative Tribunal Act 2013.

2. Fanya Long, Feng Han and Angela Han must pay Xueyan Yu her costs of the proceedings as agreed or assessed on an indemnity basis in accordance with the legal costs legislation.

Catchwords:

COSTS – Party/Party – special circumstances justifying an award of costs – indemnity costs – where response to the application had no reasonable prospects of success – where respondent unreasonably delayed the finalisation of the proceedings – where respondent conducted proceedings in a way that disadvantaged the applicant

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Regulation 2019 (NSW)

Residential Tenancies Act 2010 (NSW)

Residential Tenancies Regulation 2019 (NSW)

Cases Cited:

Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No. 2) [2009] NSWCA 12

Beach Petroleum NL v Johnson (1995) 57 FCR 119

Becchara trading as Bechara and Company v Bates [2016] NSWCA 294

CPD Holdings Pty Ltd t/a The Bathroom Exchange v Baguley [2015 NSWCATAP 21

Cripps v G & M Mawson [2006] NSWCA 82

Degnam Pty Ltd (in Liq) v Wright (No 2) [1983] 2 NSWLR 354

Groth v Secretary, Department of Social Security [1995] FCA 989

Huang v Drumm [2017] NSWSC 1006

Latoudis v Casey (1990) 170 CLR 534 at 543

Leichhardt Municipal Council v Green [2004] NSWCA 341and Ng v Chong [2005] NSWSC 385

Megerditchian v Kurmond Homes Pty Ltd NSWCATAP 120

Mendonca v Tonna [2017] NSWCATAP 176

Oshlack v Richmond River Council (1998) CLR 72 at 97

Phillips and Inspector-General in Bankruptcy [2012] AATA 788

Simone Starr-Diamond v Talus Diamond (no.4) [2013] NSWSC 811

Wentworth v Rogers (No.5) (1986) NSWLR 534

Texts Cited:

Nil

Category:

Costs

Parties:

Xueyan Yu (Applicant)
Fangya Long, Feng Han and Angela Han (Respondents)

Representation:

Solicitors:
KDA Legal (Applicant)

File Number(s):

RT 21/45667

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. This is an application by Xueyan Yu (the landlord) for an order from the Tribunal pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 (NCAT Act) that would require Fangya Long, Feng Han and Angela Han (the tenants) to pay her costs of the proceedings on an indemnity basis in the lump sum of $21,176.93 (the costs application).

2. For the reasons set out following I have determined that there are special circumstances in these proceedings that justify an award of costs in the landlord’s favour on an indemnity basis. However, I am not satisfied that there is sufficient material before me to enable a lump sum costs order to be made. The costs order will therefore require the tenants to pay the landlord’s costs as agreed or assessed on an indemnity basis.