9 Mar 2011
ALDERMAN PROPERTY LTD V BODY CORPORATE 379933 HC AK CIV-2010-404-003658
- Citation
- openlaw-e20eed96_17b9_40f9_b4bc_80348d62cc82.pdf
- Court
- High Court
The plaintiff is entitled to costs as the successful party, but personal liability for costs cannot be imposed on Mr Nguy absent a finding of serious dereliction of duty under the Harley v McDonald standard; the body corporate should not be ordered to pay because it has no funds and such an order would be circular; responsibility for the dysfunctional affairs lies with Citiland interests and the court will give Citiland an opportunity to be heard before fixing final allocation of costs.