I have found in the East Costs Determination that the Tribunal has jurisdiction to make a Bullock order. Having determined that I have power to make a Bullock Order, I turn to the question of whether such an order should be made in respect of this issue.
I am not disposed to make any order as to costs which may benefit European Windows at this point of the proceeding. This is because I consider that European Windows does not, at this stage, have a crystallised entitlement to costs.
I accept that the Thermal Break Defects claim made against the builder has been abandoned, and that accordingly it is appropriate that the builder abandon its claim in relation to the Thermal Break Defects against European Windows. However, I note that the builder may not have abandoned its entire claim against European Windows.
In this connection it is relevant to note that the builder joined with the other parties in obtaining orders by consent in each proceeding on 29 October 2025. One of the orders obtained by consent was that the time by which the builder must file and serve any Second Further Amended Points of Claim against European Windows was extended to 27 January 2026. Accordingly, it is clear that as at 29 October 2025, the builder wanted to keep its options open as against European Windows.
In my view, it is inappropriate that any claim for costs made by European Windows be determined until the builder's claim against European Windows has either been withdrawn or determined.
At that point, European Windows, can elect whether to pursue a costs order against the builder. In the event European Windows does so, then the builder may seek to pass those costs on to the owners.

West St. Falls Pty Ltd v L.U. Simon Builders Proprietary Limited [2025] VCAT 575 | Case summary | Zoe

Parties

Applicant/Plaintiff:

West St. Falls Pty Ltd

Respondent/Defendant:

L.U. Simon Builders Proprietary Limited

Legislation Cited (2)

Civil and Administrative Tribunal Act 1998

Building Contracts Act 1995

Cases Cited (2)

West St. Falls Pty Ltd v L.U. Simon Builders Proprietary Limited (Building and Property) [2025] VCAT 575 (10 December 2025)

This determination is concerned with applications for costs made in a long-running dispute between West St Falls Pty Ltd ('West') and its co-applicants (collectively 'the owners') against a builder, L.U. Simon Builders Pty Ltd and other parties. The case arises out of alleged issues with a multi-story retail/development in Falls Creek village, which was constructed by the builder in stages from about March 2007. The applicants claim to be building owners who, by virtue of the Domestic Building Contracts Act 1995 (Vic), may enforce the builder's warranties created under s 8 of that Act.
This proceeding ('the West Proceeding') has been running in parallel with another proceeding involving East St Falls Pty Ltd ('East') in which East and its co-applicants pursue the builder under the same warranties.
In each proceeding European Window Co. Pty Ltd (ACN 120232 519) ('European Windows') has been joined by the builder as second joined party.
At a hearing on 5 November 2025, I was asked to determine separate applications for costs in each of the two proceedings. Some of those applications raise important issues of principle. Because of the complexity of the most major application, because of the detailed nature of the submissions made by the parties, and because of the enormous volume of material which I was required to examine I found it necessary to reserve my decision in relation to each of the applications.
This determination is concerned with the West Proceeding BP524/2019. I have already published a separate determination in respect of the costs application made in the East Proceeding, with the citation [2025] VCAT 1073 ('the East Costs Determination'). It is intended that the East Costs Determination be read before this determination.
In overview, the four applications argued before me in the West Proceeding were as follows:

West St. Falls Pty Ltd v L.U. Simon Builders Proprietary Limited

At a glance

Court

Decision date

Source

Judgment (8 paragraphs)

Parties

Legislation Cited (2)

Cases Cited (2)

West St. Falls Pty Ltd v L.U. Simon Builders Proprietary Limited (Building and Property) [2025] VCAT 575 (10 December 2025)