Salubre v Owners - Strata Plan 10564 (No 2) [2014] FCA 471

The application for a costs certificate is dismissed because there is no basis for its grant, the Owners have not advanced any compelling reasons beyond losing the appeal, and the discretion under s 6(1) is not fettered by the mere fact the appeal succeeded on questions of law.

Parties: First Appellant: Mary Rose Salubre; Second Appellant: Myla Lontok Pascual; First Respondent: The Owners - Strata Plan 10564; Second Respondent: Michael Gregory Jones as Trustee for the Bankrupt Estate of Myla Lontok Pascual
Jurisdiction: Australia
Judgment Date: 14 May 2014
Procedural Posture: Appeal / Costs Application Following Successful Appeal
Outcome: Application for costs certificate dismissed
Legal Topics: Costs Certificates, Appeals

Civil Procedure Costs Certificates Appeals

Case Brief

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Parties

Mary Rose Salubre

First Appellant

Myla Lontok Pascual

Second Appellant

The Owners - Strata Plan 10564

First Respondent

Michael Gregory Jones as Trustee for the Bankrupt Estate of Myla Lontok Pascual

Second Respondent

Procedural Posture

Appeal / Costs Application Following Successful Appeal

Legal Issues

1 Whether the first respondent is entitled to a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth)

Ratio Decidendi

Court Disposition

Application for costs certificate dismissed

Orders

The first respondent's application for a costs certificate in respect of the appeal be dismissed.