Forza v Autocash Pty Ltd (No 2)

[2022] SASC 149

Supreme Court of South Australia

(Magistrates Appeal: Civil)

FORZA & ORS v AUTOCASH PTY LTD (No 2)

[2022] SASC 149

Judgment of the Honourable Chief Justice Kourakis 

7 December 2022

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS

On 17 November 2022, the appeal against orders of Magistrates Court was allowed. Leave was granted for the parties to make submissions on the form of orders and costs.

Held per Kourakis CJ:

1. Orders 7 and 10 made in the Magistrates Court are set aside.

2. The respondent is to pay 80 per cent of the appellants' costs of trial and on appeal.

FORZA & ORS v AUTOCASH PTY LTD (No 2)
[2022] SASC 149

Civil

1. KOURAKIS CJ:     On 17 November 2022, I allowed the appeal in this matter and gave the parties leave to make submissions on the form of orders and costs.  Both parties agree that orders 7 and 10 made in the Magistrates Court should be set aside.  I so order.

2. The appellants seek 90 per cent of their costs on appeal and no less than 90 per cent of their costs in the Magistrates Court.   The respondent contends that an order in favour of the appellants of no more than 60 per cent of their costs should be made. 

3. The appellants have ultimately succeeded on the primary issue of the effectiveness of the exercise of the option to renew.  It is that issue which precipitated the proceedings.  The validity of the rent review clause raised narrow legal questions of construction and was responsible for only a small proportion of the time and costs of the proceedings. 

4. I order that the respondent pay the appellants 80 per cent of their costs of trial and the appeal.