The Owners - Strata Plan 87231 v 3A Composites GmbH (No 8) [2024] FCA 854

The Owners - Strata Plan 87231 v 3A Composites GmbH (No 8) [2024] FCA 854

Given the interlocutory nature of the dispute, the fact that the applicant's submissions prevailed, and the possibility for revisiting the common questions as the case progresses, the appropriate costs order was that the costs of and incidental to the interlocutory hearing be the applicant's costs in the cause, rather than simply in the cause or payable by respondents immediately.

Jurisdiction
Australia
Judgment Date
01 August 2024
Procedural Posture
Representative Proceedings (class Action) / Interlocutory Costs Determination Following Resolution of Interlocutory Application
Outcome
Applicant's costs in the cause for the interlocutory hearing on 19 June 2024 concerning common questions 57 to 59.
Legal Topics
['costs in Representative Proceedings' 'common Questions in Class Actions' 'interlocutory Costs Orders']
['commercial Law' 'corporations Law' 'consumer Protection'] ['costs in Representative Proceedings' 'common Questions in Class Actions' 'interlocutory Costs Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['What is the appropriate costs order for the interlocutory hearing regarding disputed common questions in a representative proceeding?']

Ratio Decidendi

Given the interlocutory nature of the dispute, the fact that the applicant's submissions prevailed, and the possibility for revisiting the common questions as the case progresses, the appropriate costs order was that the costs of and incidental to the interlocutory hearing be the applicant's costs in the cause, rather than simply in the cause or payable by respondents immediately.

Court Disposition

Applicant's costs in the cause for the interlocutory hearing on 19 June 2024 concerning common questions 57 to 59.

Orders

  • ['Order 3 of the orders made by the Court on 16 December 2020 is set aside.' "The matters to be determined at the initial trial will be: (a) the entirety of the Applicant's and The Owners – Strata Plan 98297's respective cases; and (b) the issues of fact and law as identified in the questions in Annexure A to these...