The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 4) [2020] FCA 1573

The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 4) [2020] FCA 1573

Although each party achieved some measure of success, the principal and most contentious issues in the interlocutory application were resolved in favour of the Owners; therefore, the appropriate order is that the costs be the applicant's (Owners) costs in the cause as between it and the first respondent (3A).

Parties
Applicant: THE OWNERS – STRATA PLAN NO 87231; First Respondent: 3A COMPOSITES GMBH; Second Respondent: HALIFAX VOGEL GROUP PTY LIMITED ACN 104 808 853
Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Representative (class Action) / Determination of Costs Following Interlocutory Application
Outcome
Costs associated with the first respondent's interlocutory application are the applicant's costs in the cause as between it and the first respondent.
Legal Topics
Costs, Representative Proceedings, Interlocutory Applications, Class Closure
Civil Procedure Costs Representative Proceedings Interlocutory Applications Class Closure

Case Brief

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Parties

THE OWNERS – STRATA PLAN NO 87231

Applicant

3A COMPOSITES GMBH

First Respondent

HALIFAX VOGEL GROUP PTY LIMITED ACN 104 808 853

Second Respondent

Procedural Posture

Representative (class Action) / Determination of Costs Following Interlocutory Application

Legal Issues

  1. 1 Whether costs should follow the event for an interlocutory application seeking a class closure order in a representative proceeding
  2. 2 Whether either party was 'successful' in the application

Ratio Decidendi

Although each party achieved some measure of success, the principal and most contentious issues in the interlocutory application were resolved in favour of the Owners; therefore, the appropriate order is that the costs be the applicant's (Owners) costs in the cause as between it and the first respondent (3A).

Court Disposition

Costs associated with the first respondent's interlocutory application are the applicant's costs in the cause as between it and the first respondent.

Orders

  • The costs associated with the first respondent's interlocutory application dated 9 September 2019 be the applicant's costs of the cause as between it and the first respondent.