Cosmos Management Gold Coast Pty Ltd v Katrina Gorrie

The matter before the Court was an application for costs by Cosmos Management Gold Coast Pty Ltd against Katrina Gorrie. The dispute arose out of a lease of commercial premises at Robina, Queensland. The applicant sought costs under a party/party costs agreement, as well as general costs pursuant to the general rule that costs follow the event. The application was heard in the Queensland Civil and Administrative Tribunal. The central issue for the Tribunal was whether the applicant was entitled to the costs claimed under the party/party costs agreement, and if not, whether the applicant was entitled to costs under the general rule.

The Tribunal found that the party/party costs agreement did not apply as it was not signed by both parties. The Tribunal held that the general rule that costs follow the event applied, and therefore, the party who was successful on the merits of the case was entitled to costs. The Tribunal considered the relevant factors in determining the appropriate amount of costs, including the complexity of the case, the conduct of the parties, and the outcome. The Tribunal found that the applicant was successful on the merits of the case and therefore, was entitled to costs. However, the Tribunal also found that the applicant's conduct during the proceedings was unreasonable, and therefore, the amount of costs awarded was reduced.

The Tribunal ordered that the applicant be paid costs of the proceeding, in the sum of $20,000, to be paid by the respondent within 28 days. The Tribunal also ordered that if the costs were not paid within the specified time, the applicant could enforce the order by filing an affidavit of debt with the Tribunal. The Tribunal noted that the costs awarded were not intended to be punitive, but rather reflected the conduct of the parties during the proceedings.