Strata Consolidated (Australia) Pty Ltd v Bradshaw

Strata Consolidated (Australia) Pty Ltd (the applicant) sought leave to appeal from a decision of the Supreme Court of New South Wales. The respondent was Bradshaw. The dispute concerned the applicant's entitlement to recover certain costs from the respondent.

The primary legal issue before the Court of Appeal was whether the applicant was entitled to recover costs incurred in relation to a notice of motion that had been dismissed by the primary judge. Specifically, the court had to determine the proper construction of the relevant court rules concerning the award of costs following the dismissal of interlocutory applications.

The Court of Appeal considered the principles governing the award of costs in interlocutory proceedings. It was held that where a notice of motion is dismissed, the general rule is that the costs of that motion follow the event, meaning the unsuccessful party (in this instance, the applicant) is typically ordered to pay the costs of the successful party (the respondent). The court found no exceptional circumstances to depart from this general rule.

The Notice of Motion was dismissed with costs.