Toivanen v Body Corporate for Aspect Caloundra

Toivanen v Body Corporate for Aspect Caloundra was a case heard by the Queensland Civil and Administrative Tribunal (QCAT) in 2012, which subsequently reached the Supreme Court of Queensland on appeal. The dispute between the applicants, Mr. Toivanen and Mrs. Toivanen, and the respondents, the Body Corporate for Aspect Caloundra, involved issues related to strata title property, specifically regarding the maintenance and repair of common property. The applicants sought costs incurred from a prior QCAT appeal, specifically the costs from appeal number APL140-12, delivered on 18 April 2013.

The legal issues before the court included whether the applicants were entitled to recover the costs they incurred during the QCAT appeal and if so, in what amount. The applicants argued that the costs should be paid by the respondents, the body corporate, based on certain statutory provisions and principles of equity. The respondents contended that the applicants were not entitled to recover these costs from them.

The court reviewed the statutory provisions governing strata title property and the principles of equity that apply to such disputes. It found that the applicants were entitled to recover the costs of the QCAT appeal as per the statutory provisions and the principles of equity. The court carefully considered the amount of costs incurred and determined that the applicants were entitled to a specific sum of $8,200.17. The court also granted the applicants liberty to apply to QCAT if they were advised to do so for an order that the respondents pay these costs. This ruling recognised the applicants' entitlement to recover costs under the applicable law while also ensuring that the respondents were not unjustly burdened.