The Owners - Strata Plan No. 97383 v CLSM Pty Ltd

The Owners - Strata Plan No. 97383 sought costs against CLSM Pty Ltd in proceedings before the Civil and Administrative Tribunal. The strata owners had brought an action against CLSM for alleged breaches of a strata plan, but the claim was dismissed. The strata owners then applied for costs, contending that the opposition by CLSM was frivolous and vexatious. CLSM opposed the application, arguing that the claim was not baseless and that the application for costs was itself vexatious.

The court examined whether the strata owners' claim had a tenable basis in fact or law, and whether CLSM's opposition to the claim was vexatious or an abuse of process. The court found that the strata owners' claim did not have a basis in fact or law, and that CLSM's opposition was not vexatious. The court held that the strata owners' application for costs was itself an abuse of process, and dismissed the application.

In dismissing the application for costs, the court noted that the strata owners' claim was unarguable and had no basis in fact or law. The court further found that CLSM's opposition was reasonable and not vexatious, and that the strata owners' application for costs was an abuse of process. The court therefore dismissed the strata owners' application for costs and ordered that each party bear their own costs. In a related proceeding, the court ordered that CLSM must pay the strata owners' costs of the proceedings.