Tran v Cowan

In Tran v Cowan, the applicants, Tran and Nguyen, sought a declaration regarding an easement and the enforcement of an agreement. The dispute was heard by the Supreme Court of Queensland. The applicants argued that the respondents, the Cowans, had obstructed their access to a shared driveway. They sought a declaration that an easement of way existed over the Cowans' property, and an order enforcing an agreement between the parties.

The legal issues before the court included whether the circumstances of the case warranted a departure from the general rule regarding costs, specifically under section 180(6) of the Property Law Act 1974. The court also needed to determine if it had the power to order costs on an indemnity basis. The court considered whether the conduct of the respondents was such that it warranted a special circumstances exception to the usual rule of costs following from the event.

The court held that the Cowans' conduct warranted the special circumstances exception, justifying the award of costs against them under section 180(6). The court also found that it had the power to order costs on an indemnity basis in this instance. The court considered the Cowans' actions unreasonable and vexatious, which led to the decision in favour of the applicants for costs on an indemnity basis. This decision underscores the court's ability to manage costs in cases where a party's conduct is deemed particularly unreasonable.