Redmond v Masterton Canberra Pty Limited

Redmond v Masterton Canberra Pty Limited involved a dispute that was ultimately discontinued by the plaintiffs. The case was heard in the ACT Civil and Administrative Tribunal. The primary legal issue before the court was whether there should be an order for costs in favour of either party given that the substantive proceedings had been discontinued. Under the Court Procedures Rules 2006 (ACT), rule 1163(1) establishes a default rule that costs are to be paid by the party who discontinues the proceedings. However, the court noted that it was not appropriate to decide the merits of the case in order to resolve the issue of costs.

The court further reasoned that the default rule may be departed from if a settlement occurs as a result of an agreement not involving surrender by either party. In this instance, neither party acted unreasonably in relation to the dispute. Given the circumstances, the court decided not to make an order as to costs of the proceedings.

As a result of this decision, the plaintiffs were granted leave to discontinue the proceedings, and there was no order as to the costs of the proceedings.