Body Corporate for Vision Centre Gold Coast Community Title Scheme 29190 v Nerang Qld Pty Ltd

The matter before the court involved a dispute between the Body Corporate for the Vision Centre Gold Coast Community Title Scheme 29190 and Nerang Qld Pty Ltd. The Body Corporate sought an order for the removal of obstructions on a right of way easement, while the respondent sought to remove an encroachment to an easement for support. Both parties were initially uncertain about the exact location of the right of way easement but continued with their respective applications once they discovered the true location. Ultimately, both the primary application and the cross-application were unsuccessful. The court was required to decide whether it was appropriate to deviate from the general rule that costs follow the event, which typically means that the losing party pays the winning party's costs, and to make no order as to costs in this case.

The court examined the circumstances of the case, including the fact that both parties misunderstood the location of the easement but proceeded with their applications regardless. The court acknowledged that the applications were ultimately unsuccessful, but also noted that both parties had acted in good faith and had sought to resolve the issue through the court process. The court concluded that it was appropriate to depart from the general rule that costs follow the event and to make no order as to costs for the primary application and cross-application. However, the court did order that the respondent pay the applicants' costs of the argument concerning costs.

In summary, the court found that it was appropriate to depart from the general rule that costs follow the event and make no order as to costs for the primary application and cross-application. However, the respondent was ordered to pay the applicants' costs of the argument concerning costs. The decision highlights the importance of good faith in legal proceedings and the court's willingness to consider the circumstances of each case when deciding on costs.