GILENO and RIVIERA HOMES (WA) PTY LTD

The matter involved a dispute between Gileno and Riviera Homes (WA) Pty Ltd in the Supreme Court of Western Australia. The applicants, Gileno, sought relief against the respondent, Riviera Homes, in relation to building works performed on a property. The applicants alleged various defects and failures in the construction works, leading to the present litigation. The court was required to consider the applicants' claims, assess their validity, and determine whether the applicants were entitled to any relief. Additionally, the court had to exercise its discretion regarding the costs of the proceedings, given the nature and conduct of the applicants.

The legal issues before the court included the validity of the applicants' claims, the appropriate exercise of the court's discretion regarding costs, and the characterisation of the applicants' conduct during the proceedings. The court had to determine whether the applicants' claims were frivolous, vexatious, lacking in substance, or otherwise an abuse of process. Furthermore, the court needed to consider whether the applicants' conduct was reasonable and whether their successful claims were derived from the respondent's concessions and evidence.

The court found that many of the applicants' complaints were dismissed as frivolous, vexatious, lacking in substance, or otherwise an abuse of process. The court highlighted that the applicants' conduct throughout the proceedings was unreasonable, marked by an improper purpose and a misuse of the legal process. The successful items of the applicants' case were largely derived from the respondent's concessions and evidence, rather than from the applicants' own assertions. Based on these findings, the court exercised its discretion to award costs against the applicants, reflecting their unreasonable conduct and the nature of their claims.

In light of the above, the court ordered that the applicants pay the respondent's costs of the proceedings, including the costs of the unsuccessful claims and the costs associated with the reasonable conduct of the respondent. The court emphasised the importance of the proper use of legal processes and the consequences of unreasonable conduct in litigation.