Seeiseo Pty Ltd v Body Corporate for Taralla Apartments CTS 15627 (No. 2)

In the matter of Seeiseo Pty Ltd v Body Corporate for Taralla Apartments CTS 15627 (No. 2), the respondent, the Body Corporate for Taralla Apartments, sought to have the proceeding instituted by Seeiseo Pty Ltd struck out, on the basis that it lacked substance. The proceedings were eventually dismissed and the matter of costs was then considered by the court. The legal issues before the court were whether the usual rule that parties bear their own costs should be excluded and whether the costs of the application to dismiss should be awarded to the respondent on a standard basis.

The court found that the application to strike out was appropriate as the proceeding lacked substance. The court further held that the usual rule that parties bear their own costs was excluded in this case due to the lack of merit in the proceeding. The court awarded the costs of the application to dismiss to the respondent on a standard basis, finding that the applicant had acted unreasonably in pursuing the proceeding. The court found that the costs were reasonable and necessary and therefore awarded the sum of $3,539.58.

The court ordered that the applicant, Seeiseo Pty Ltd, pay the respondent’s costs of the application to dismiss proceedings assessed in the sum of $3,539.58 within 14 days of the date of order. The court found that the respondent was entitled to be awarded costs on a standard basis due to the lack of merit in the proceeding and the unreasonable conduct of the applicant. The court considered the amount awarded to be reasonable and necessary, and therefore made the order as stated.