The Owners Strata Plan No. 94784 v Mirvac Projects Pty Ltd (No 3)

The Owners Strata Plan No. 94784 brought a claim against Mirvac Projects Pty Ltd in the Supreme Court of Victoria. The dispute concerned costs orders against non-parties, specifically personal costs orders against lawyers. The Owners Strata Plan No. 94784 had been ordered to pay Mirvac Projects Pty Ltd's costs for the plaintiff's application to rely on evidence served in the face of a guillotine order. The court was required to determine whether the plaintiff's solicitor should pay these costs and whether the costs charged to the plaintiff should be disallowed.

The court considered the relevant provisions of the Supreme Court (General Civil Procedure) Rules 2015, particularly those concerning costs orders against non-parties and personal costs orders against lawyers. The court examined the circumstances of the case, including the plaintiff's application to rely on evidence served in the face of a guillotine order. The court held that the plaintiff's solicitor should pay the costs in question, as the plaintiff's conduct was unreasonable and the costs were incurred as a result of the plaintiff's actions. The court also determined that the costs charged to the plaintiff should be disallowed.

The Supreme Court of Victoria made a personal costs order against the plaintiff's solicitor for the costs of the defendant's application. The court disallowed the costs charged to the plaintiff. The court's decision was based on the principles of costs in Australian litigation, including the need for parties to act reasonably and the consequences of unreasonable conduct. The court's ruling provides guidance on the application of the relevant rules and principles in cases involving costs orders against non-parties and personal costs orders against lawyers.