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Writer's pictureTLDR Caselaw

Villan v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263 [No 2] [2024] QCA 54

In Villan v The Body Corporate for the Winston (Cairns) Community Titles Scheme 37263 [No 2] [2024] QCA 54, the Supreme Court of Queensland decisively addressed the complexities surrounding the award of costs in civil appeals. Jade Tannah Villan, representing himself, successfully appealed against a summary judgment initially granted to the respondent by a magistrate and upheld by the District Court. The Court of Appeal not only set aside the summary judgment but also ordered the respondent to cover Mr. Villan's costs for both the District Court proceedings and the appeal, summing up to $5,946.28. This case underscores the Court's discretion on costs and illustrates the legal principle that costs are typically awarded to the successful party, barring exceptional circumstances. The Court rejected the notion of awarding costs based on separate issues, emphasizing the importance of achieving justice through a comprehensive trial.


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