Noelle Jones Paul Boyatzis v THOD Pty Ltd

In the matter of Noelle Jones Paul Boyatzis v THOD Pty Ltd, the applicant sought to recover costs. The hearing officer, Heath Wilson, presided over the proceedings.

The central legal issue before the hearing officer was whether the applicant had satisfied the court that allowable costs had been incurred in the matter, particularly in light of concerns regarding the arm's length nature of the relationship between the applicant and a third party, CSI, who allegedly performed work on behalf of THOD Pty Ltd.

The hearing officer was not convinced that another party had conducted work on behalf of THOD Pty Ltd, despite an invoice produced by the applicant. Crucially, the hearing officer found that the applicant and CSI did not operate at arm's length. Consequently, the hearing officer was not satisfied that allowable costs had been incurred by the applicant. However, the applicant was awarded expenses for the fee of $500 for requesting a hearing. The hearing officer directed that costs be taxed and certified after one month, with provisions for the certificate of costs to be withheld if a notice of appeal was served before that period expired.