Bettar Holdings Pty Limited trading as Hunt Collaborative ACN 050061946 v RWC Brookvale Investments Pty Ltd as trustee for Brookvale Development Trust ABN 42359186969 ACN 670150437 no 2 (costs)

The case involved a dispute between Bettar Holdings, trading as Hunt Collaborative, and RWC Brookvale Investments, as trustee for the Brookvale Development Trust. The plaintiff, Bettar Holdings, sought damages for alleged breaches of contract and misrepresentation related to the sale of a property in Brookvale. The case was heard in the Supreme Court of New South Wales, Equity Division. The defendant, RWC Brookvale Investments, denied the allegations and counterclaimed for specific performance of a contract and damages. The primary legal issue before the court was whether the plaintiff was entitled to an indemnity costs order against the defendant.

The court examined the circumstances under which indemnity costs might be awarded, considering the nature of the litigation and the respective positions of the parties. The judge found that the plaintiff's claim was not only unsuccessful but also vexatious and oppressive, lacking any reasonable prospect of success. The court noted the plaintiff's unreasonable conduct, including making unfounded allegations and pursuing litigation without merit. Consequently, the court ruled that the plaintiff's claim was vexatious and oppressive and ordered that the plaintiff pay the defendant's costs of the proceedings, including the costs of this costs application, on the indemnity basis.

The court's reasoning was based on the plaintiff's unreasonable conduct and the lack of any reasonable basis for the claims made. The judge emphasised that the plaintiff's litigation was oppressive and vexatious, with no merit whatsoever. The court determined that the defendant was entitled to an indemnity costs order to compensate for the unnecessary and unreasonable litigation pursued by the plaintiff. The court's final order was that the plaintiff is to pay the defendant's costs of the proceedings, including the costs of this costs application, on the indemnity basis.