Trentelman v The Owners - Strata Plan 76700 (No 3); The Owners - Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578

Trentelman v The Owners - Strata Plan 76700 (No 3); The Owners - Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578

Costs thrown away due to adjournment should be borne by the party causing surprise (Strata Corporation/Natalia Trentelman as context demands). Otherwise, costs follow the event; Strata Corporation succeeded in its main claim for an easement based on proprietary estoppel and receives general costs. Mrs Trentelman failed on her claim and bears costs except for those solely referable to defence of cross-claim, for which the Corporation pays her costs.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Costs Determination Following Trial of Two Consolidated Proceedings / Post Judgment Costs Orders
Outcome
Costs allocated as per success/failure and thrown away by adjournment. Claims and cross-claims in Mrs Trentelman's lawsuit dismissed with costs; Strata Corporation receives costs except for those solely referable to the cross-claim.
Legal Topics
['costs' 'proprietary Estoppel' 'specific Performance' 'rectification' 'party/party Costs']
['equity' 'real Property'] ['costs' 'proprietary Estoppel' 'specific Performance' 'rectification' 'party/party Costs']

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Procedural Posture

Costs Determination Following Trial of Two Consolidated Proceedings / Post Judgment Costs Orders

Legal Issues

  1. 1 ['Allocation of costs following success and failure on claims and cross-claims' 'Whether costs thrown away by adjournment should be borne by applicant' 'Treatment of claim and cross-claim as separate events for costs purposes']

Ratio Decidendi

Costs thrown away due to adjournment should be borne by the party causing surprise (Strata Corporation/Natalia Trentelman as context demands). Otherwise, costs follow the event; Strata Corporation succeeded in its main claim for an easement based on proprietary estoppel and receives general costs. Mrs Trentelman failed on her claim and bears costs except for those solely referable to defence of cross-claim, for which the Corporation pays her costs.

Court Disposition

Costs allocated as per success/failure and thrown away by adjournment. Claims and cross-claims in Mrs Trentelman's lawsuit dismissed with costs; Strata Corporation receives costs except for those solely referable to the cross-claim.

Orders

  • ['2018/328341: Costs thrown away by reason of adjournment (9 March–4 May 2020) to be paid by plaintiff.' "2018/328341: Defendant to pay plaintiff's costs of proceedings." '2018/312426: Costs thrown away by reason of adjournment be paid by first defendant.' "2018/312426: Plaintiff to pay first defendant's costs of...