Xabregas v The Owners - Strata Plan No. 79205; Moallem v Consumer, Trader and Tenancy Tribunal & Ors (No. 3)

In the case of Xabregas v The Owners - Strata Plan No. 79205, the appellant sought an order for the respondent to pay costs of two notices of motion that related to previous costs orders. In Moallem v Consumer, Trader and Tenancy Tribunal & Ors (No. 3), the appellant sought leave to re-open issues that had been dealt with in previous judgments. Both cases were heard in the Supreme Court of Victoria. The central legal issue in the first case was whether the costs of the two notices of motion should be apportioned between the parties, given that the appellant had achieved only partial success. The second case concerned whether the court should grant leave to re-open issues that had been previously determined.

In the first case, the court determined that the costs of the two notices of motion should be apportioned between the parties. The court found that the appellant had achieved only partial success and thus was not entitled to the full costs of the notices of motion. The court held that the costs should be apportioned based on the degree of success achieved by the appellant. In the second case, the court found that it would not grant leave to re-open issues that had been previously determined. The court held that the appellant had not demonstrated any new evidence or changed circumstances that would warrant a re-opening of the issues.

The court's decisions in both cases were based on well-established principles of costs apportionment and the finality of judgments. The court held that the general rule that costs follow the event applies, but that there may be exceptions in cases of partial success. The court also held that the finality of judgments should be respected, and that leave to re-open issues should only be granted in exceptional circumstances. The final orders in the cases reflected the court's reasoning, with the appellant being ordered to pay a portion of the costs of the two notices of motion, and the application for leave to re-open issues being dismissed.