Body Corporate for Cairns Village Resort v FN Management Pty Ltd [2005] QSC 35

SUPREME COURT OF QUEENSLAND CITATION: The Body Corporate for Cairns Village Resort Community Titles Scheme v FN Management Pty Ltd [2005] QSC 035 PARTIES: THE BODY CORPORATE FOR CAIRNS VILLAGE RESORT COMMUNITY TITLES SCHEME 18161 (Applicant) v FN MANAGEMENT PTY LTD (ACN 094 226 829) (Respondent) FILE NO/S: 388 of 2004 DIVISION: Trial PROCEEDING: Application ORIGINATING COURT: Supreme Court at Cairns DELIVERED ON: 14 October 2004; 9 February 2005 DELIVERED AT: Cairns HEARING DATE: 7 September 2004 JUDGE: Jones J ORDER: In respect of each application determined respectively on 14 October 2004 and 1 December 2004 I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis. COUNSEL: Mr Philp SC for the applicant Mr Cooper for the respondent SOLICITORS: Susan Henson, solicitor for the applicant Hillhouse, Burrough, McKeown for the respondent [1] On 14 October 2004 I pronounced judgment on an application for a declaration as to the Court’s jurisdiction to hear the issue raised in these proceedings. I gave leave to the parties to make submissions on the issue of costs within 14 days. [2] The applicant seeks an order for costs on the basis that it was wholly successful in the application and costs should follow the event. The respondent has not made any submissions to suggest that a different order should be made. [3] On 1 December 2004 I pronounced judgment on an application by which the applicant sought a declaration that the respondent was operating an illegal scheme contrary to the provisions of the Corporations Act. [4] Again the applicant was successful and has sought an order for costs. The respondent has not made any submission to the contrary. -- 1 of 2 -- 2 [5] There is no apparent reason why the costs on either application should not follow the event. In those circumstances I am of the view that the applicant is entitled on each application to its costs. Order 1. In respect of each application determined respectively on 14 October 2004 and 1 December 2004, I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis. -- 2 of 2 --