The Owners-Strata Plan 47027 v McGinn (No 2)

In this matter, the plaintiff, The Owners-Strata Plan 47027, sought a costs order against the defendant, McGinn, who was involved in a strata dispute. The dispute originated from a claim made by the plaintiff regarding alleged unlawful conduct by the defendant, including the use of a common area for business purposes. The case was heard in the Supreme Court of New South Wales. The plaintiff applied for a specified gross sum costs order, citing the defendant's unmeritorious applications and inappropriate communications throughout the proceedings. The plaintiff argued that the defendant's conduct, including baseless allegations of fraud and misconduct, had increased the costs of the proceedings and suggested a likely delay and protracted costs assessment.

The court considered the defendant's conduct, including making unmeritorious applications and sending numerous irregular communications. The court noted that the defendant's baseless allegations of fraud and misconduct contributed to an increase in the costs of the proceedings. The plaintiff presented unchallenged evidence of the quantum of costs incurred, which included legal fees, disbursements, and costs associated with responding to the defendant's conduct. The court concluded that the defendant's conduct warranted a costs order and granted the plaintiff's application for a specified gross sum costs order. The court did not challenge the evidence presented by the plaintiff regarding the quantum of costs and thus made the specified gross sum costs order as sought.

The final orders included a specified gross sum costs order in favour of the plaintiff against the defendant. The court's decision highlighted the importance of proper conduct in legal proceedings and the potential consequences for parties who engage in unmeritorious applications and inappropriate communications. The specified gross sum costs order reflected the additional costs incurred by the plaintiff due to the defendant's conduct, which contributed to the delay and protracted nature of the proceedings.