Australia City Properties Management Pty Ltd v The Owners - Strata Plan No 65111 (No 2)

Australia City Properties Management Pty Ltd (the first plaintiff) and The Owners - Strata Plan No 65111 (the defendant) were parties to proceedings in the primary court. The dispute concerned an application for an order that the defendant pay the first plaintiff's costs of the proceedings in the court below. The appeal court was required to determine whether the respondent (the defendant) should pay its costs of the proceedings in the court below, or whether there should be no order as to costs, given that the primary judge's conclusions in favour of the respondent on some issues were upheld on appeal.

The appeal court was required to consider the appropriate costs order in light of the mixed success of the parties in the primary court. Specifically, the court had to determine whether the defendant, who had succeeded on some issues before the primary judge, should nevertheless be ordered to pay the first plaintiff's costs, or whether no order as to costs was the more appropriate outcome.

The court set aside the orders made by the primary judge on 4 February 2021. In lieu of those orders, the court ordered that the defendant pay 80 per cent of the first plaintiff's costs.