BMW Australia Finance Ltd v Trigas (No. 2)

BMW Australia Finance Ltd sought costs from Trigas, the defendant, after Trigas filed a Notice of Motion on 11 March 2022, which was not subsequently pursued. The case was before the court to determine whether the defendant should be ordered to pay the plaintiff’s costs of the Notice of Motion.

The primary legal issue before the court was whether the defendant's decision to abandon the Notice of Motion constituted grounds for an order compelling the defendant to pay the plaintiff's costs. The court examined the circumstances under which costs could be awarded in such a situation, including whether the Notice of Motion was frivolous or vexatious, and whether it was brought without reasonable or probable cause.

The court found that the defendant's failure to pursue the Notice of Motion amounted to an abandonment without justification. The Notice of Motion was deemed to lack merit or reasonable grounds, leading the court to conclude that an order for costs was appropriate. The court emphasised the importance of parties ensuring that any legal processes initiated are pursued diligently and with a reasonable basis. The court ultimately determined that the defendant should bear the costs incurred by the plaintiff due to the unjustified abandonment of the Notice of Motion.

The court ordered the defendant to pay the plaintiff’s costs of the Notice of Motion filed on 11 March 2022.