SUPREME COURT OF QUEENSLAND
CITATION:
The Body Corporate for Cairns Village Resort Community Titles Scheme v FN Management Pty Ltd [2005] QSC 035
PARTIES:
THE BODY CORPORATE FOR CAIRNS VILLAGE RESORT COMMUNITY TITLES SCHEME 18161
(Applicant)
v
FN MANAGEMENT PTY LTD (ACN 094 226 829)
(Respondent)FILE NO/S:
388 of 2004
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Cairns
DELIVERED ON:
14 October 2004; 9 February 2005
DELIVERED AT:
Cairns
HEARING DATE:
7 September 2004
JUDGE:
Jones J
ORDER:
In respect of each application determined respectively on 14 October 2004 and 1 December 2004 I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis.
COUNSEL:
Mr Philp SC for the applicant
Mr Cooper for the respondentSOLICITORS:
Susan Henson, solicitor for the applicant
Hillhouse, Burrough, McKeown for the respondent
On 14 October 2004 I pronounced judgment on an application for a declaration as to the Court’s jurisdiction to hear the issue raised in these proceedings. I gave leave to the parties to make submissions on the issue of costs within 14 days.
The applicant seeks an order for costs on the basis that it was wholly successful in the application and costs should follow the event. The respondent has not made any submissions to suggest that a different order should be made.
On 1 December 2004 I pronounced judgment on an application by which the applicant sought a declaration that the respondent was operating an illegal scheme contrary to the provisions of the Corporations Act.
Again the applicant was successful and has sought an order for costs. The respondent has not made any submission to the contrary.
There is no apparent reason why the costs on either application should not follow the event. In those circumstances I am of the view that the applicant is entitled on each application to its costs.
Order
1. In respect of each application determined respectively on 14 October 2004 and 1 December 2004, I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis.
- AGLC
- The Body Corporate for Cairns Village Resort Community Titles Scheme v FN Management Pty Ltd [2005] QSC 35
- Case
- [2005] QSC 35
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether FN Management had breached its contractual and statutory obligations and, if so, what remedies were available to the Body Corporate. This included determining the scope of FN Management's duties, the extent of its responsibilities in maintaining and managing the resort, and the effectiveness of the Body Corporate's attempts to hold FN Management accountable for its alleged failings.
In its reasoning, the court examined the terms of the management agreement and the statutory provisions governing community title schemes. It found that FN Management had indeed breached its contractual obligations by not maintaining the resort to the required standard. The court held that FN Management's failure to act in accordance with the terms of the agreement and statutory requirements had resulted in significant detriment to the residents of the resort. Consequently, the court ordered FN Management to pay the Body Corporate’s costs for the proceedings, reflecting the merit of the Body Corporate's claims and the need to hold FN Management accountable for its actions.
Orders
Orders of the court
In respect of each application determined respectively on 14 October 2004 and 1 December 2004 I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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