Brent Kijurina in his capacity as Liquidator of M and J Ventures Pty Ltd (in liq) v Jobella Anwar Pty Limited

The matter before the Court was a claim for unpaid costs by Brent Kijurina, in his capacity as liquidator of M & J Ventures Pty Ltd (in liquidation), against Jobella Anwar Pty Limited, the tenant of a retail lease, and Decky Suryawan Anwar, the guarantor of the lease. The case was heard by the Federal Circuit Court of Australia, with the primary focus being the enforcement of the costs agreement between the parties and the assessment of costs under the ordinary basis if no agreement could be reached.

The primary legal issue before the Court was whether the tenant and guarantor were liable for the costs claimed by the liquidator. This involved examining the terms of the lease and the costs agreement, as well as the statutory provisions under which the liquidator could seek costs. The Court was required to determine whether the costs claimed were reasonable and whether the parties were bound by the costs agreement.

The Court found that the tenant and guarantor were indeed liable for the costs claimed by the liquidator. It held that the terms of the lease and the costs agreement were clear and enforceable, and that the costs claimed were reasonable. The Court further found that the statutory provisions provided a basis for the assessment of costs on the ordinary basis if no agreement could be reached. The Court ordered that the tenant and guarantor pay the costs as agreed or, failing agreement, as assessed on the ordinary basis. This decision provides clarity for landlords and tenants regarding the enforcement of costs agreements and the assessment of costs under the ordinary basis.