Body Corporate for Sunnybank v Coming Home Pty Ltd ATF the Coming Home Trust

Body Corporate for Sunnybank applied to the Supreme Court of Queensland for leave to appeal against an order made by the Court of Appeal. The order required the applicant to pay the respondents' costs in proceedings where the applicant had unsuccessfully sought an injunction to restrain the respondents from acting on a resolution to terminate a caretaking agreement. The Court of Appeal had determined that the applicant did not have an arguable case, but that the balance of convenience favoured the respondents. The Court of Appeal subsequently ordered the applicant to pay the respondents' costs.

The central issue before the Supreme Court was whether the Court of Appeal had exercised its discretion to order costs in an appropriate manner. Specifically, the applicant argued that the Court of Appeal had miscarried in its exercise of discretion by ordering the applicant to pay the respondents' costs, even though the Court of Appeal had found that the applicant did not have an arguable case.

The Supreme Court found that the Court of Appeal had exercised its discretion appropriately. The Supreme Court held that it was not necessary for the Court of Appeal to find that the applicant had an arguable case before ordering the applicant to pay the respondents' costs. The Supreme Court found that the balance of convenience favoured the respondents and that the applicant had not demonstrated that the Court of Appeal had miscarried in its exercise of discretion. The Supreme Court held that the Court of Appeal had not erred in ordering the applicant to pay the respondents' costs.

The Supreme Court refused the applicant leave to appeal. The Supreme Court found that the applicant had not demonstrated that the Court of Appeal had miscarried in its exercise of discretion in ordering the applicant to pay the respondents' costs. The Supreme Court held that the Court of Appeal had exercised its discretion appropriately and that the applicant had not shown that the Court of Appeal had erred in any way.