Lewinsky v The Owners - Strata Plan No. 85312

The proceedings involve Lewinsky and three other applicants against the owners of a strata plan. The applicants sought an order for costs under section 109V of the Property Law Act 1974, arguing that there were special circumstances warranting an award of costs. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The central issue before the tribunal was whether there were special circumstances justifying the award of costs to the applicants. The applicants argued that the respondents' conduct in pursuing the proceedings was vexatious and oppressive, and that the proceedings were brought without reasonable cause. The respondents, on the other hand, contended that the applicants' claims were unfounded and that the proceedings were necessary to resolve genuine disputes. The tribunal considered the nature of the proceedings and the conduct of the parties throughout. It noted that the applicants' claims were ultimately unsuccessful and that the respondents' pursuit of the proceedings was not vexatious or oppressive. The tribunal concluded that there were no special circumstances warranting an award of costs to the applicants. As a result, the tribunal dismissed the application for costs. The tribunal ordered that a hearing was dispensed with in relation to the costs of the proceedings and that the respondents were to pay the costs of the applicants as agreed or assessed. This decision highlights the importance of conducting proceedings in a reasonable and justified manner, and the potential consequences of vexatious litigation.