Armstrong v Kawana Island Retirement Village

Les Armstrong brought an application against Kawana Island Retirement Village seeking relief in relation to the budget of the village. Kawana applied for costs of $24,658.00 it incurred in responding to the application. The Tribunal dismissed the application for want of jurisdiction. Kawana applied for costs. The Tribunal found that it was in the interests of justice to require Mr Armstrong to pay costs. The Tribunal found that Mr Armstrong acted in a way that was unreasonable and unnecessarily disadvantaged Kawana. It was reasonable for Kawana to seek legal representation. The dispute was not sufficiently complex to warrant the awarding of costs. Mr Armstrong’s claim lacked strength and was summarily dismissed. There was no evidence of either party’s financial circumstances. The omission of Mr Armstrong’s name from the prescribed Notice was substantive. Mr Armstrong’s conduct did not warrant indemnity costs. The Tribunal fixed Kawana’s costs at $2,000.00.

Les Armstrong pay to Kawana Island Retirement Village its costs fixed at $2,000.00 by 21 February 2014.