24 Hour Fitness Pty Ltd v W & B Investment Group Pty Ltd

[2015] VSCA 216

Victorian Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Award of costs by tribunal
3. › Retail tenancy dispute
4. › Costs only in limited circumstances
5. › Proceeding conducted in vexatious way
6. › Whether relevant to consider that claim was bound to fail
7. › Retail Leases Act 2003 (Vic), s 92(2)(a)
1. Practice and Procedure
2. › Leave to appeal
3. › Appeal from costs order of tribunal
4. › Whether exceptional circumstances required
5. › Tribunal in best position to determine costs
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
7. › Supreme Court Act 1986 (Vic), ss 14A-14D

Quick Take

The strength of a party's claim is a relevant factor in determining whether a proceeding has been conducted in a vexatious way under s 92(2)(a) of the Retail Leases Act 2003 (Vic). It would be artificial to evaluate the manner of conducting a proceeding without regard to the strength of the party's case. Leave to appeal from a VCAT costs order will only be granted in exceptional cases, as the Tribunal is best placed to determine costs questions.