The Owners – Strata Plan 74602 v Eastmark Holdings Pty Ltd; Eastmark Holdings Pty Ltd v The Owners – Strata Plan 74602 [2016] NSWSC 558

The Owners – Strata Plan 74602 v Eastmark Holdings Pty Ltd; Eastmark Holdings Pty Ltd v The Owners – Strata Plan 74602 [2016] NSWSC 558

Costs should largely follow the outcome of the main issues as between the parties: Eastmark is entitled to its costs of the main proceedings apart from the Switchboard C issue, where the Owners Corporation succeeded. Strata Associates is entitled to its costs from the Owners Corporation, with indemnity costs from 29 May 2014 following its unaccepted offer of compromise. No Sanderson order is warranted. No interest is payable on Electricity Recoveries due to lack of power under s 100 of the Civil Procedure Act 2005 (NSW) as no judgment in favour of the Owners Corporation is given.

Jurisdiction
Australia
Judgment Date
04 May 2016
Procedural Posture
Equity Technology and Construction List / Final Judgment on Costs and Further Orders After Earlier Substantive Judgments
Outcome
Owners Corporation to bear costs of proceedings apart from those incurred in relation to the Switchboard C issue. Strata Associates to have indemnity costs from 29 May 2014. Hammerschlag J's prior interim order to be discharged. Further orders to be drafted and circulated.
Legal Topics
['costs' 'judgments and Orders' 'contracts Review' 'set Off' 'interest on Judgments' 'offers of Compromise']
['equity' 'civil Procedure' 'construction Law'] ['costs' 'judgments and Orders' 'contracts Review' 'set Off' 'interest on Judgments' 'offers of Compromise']

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Procedural Posture

Equity Technology and Construction List / Final Judgment on Costs and Further Orders After Earlier Substantive Judgments

Legal Issues

  1. 1 ['Proper allocation of costs in circumstances where plaintiff is only partially successful' 'Entitlement to interest on set-off amounts in light of estoppel and statutory constraints' 'Appropriateness of Sanderson order for costs between defendants' 'Effect of previous offers of compromise on indemnity costs']

Ratio Decidendi

Costs should largely follow the outcome of the main issues as between the parties: Eastmark is entitled to its costs of the main proceedings apart from the Switchboard C issue, where the Owners Corporation succeeded. Strata Associates is entitled to its costs from the Owners Corporation, with indemnity costs from 29 May 2014 following its unaccepted offer of compromise. No Sanderson order is warranted. No interest is payable on Electricity Recoveries due to lack of power under s 100 of the Civil Procedure Act 2005 (NSW) as no judgment in favour of the Owners Corporation is given.

Court Disposition

Owners Corporation to bear costs of proceedings apart from those incurred in relation to the Switchboard C issue. Strata Associates to have indemnity costs from 29 May 2014. Hammerschlag J's prior interim order to be discharged. Further orders to be drafted and circulated.

Orders

  • ["Eastmark to pay Owners Corporation's costs of Switchboard C issue." "Owners Corporation to pay Eastmark's costs of main proceedings (except Switchboard C)." "Owners Corporation to pay Eastmark's costs of cross-claim, except as to agreed $100,000 amount." 'Strata Associates to have its costs from the Owners...