The Owners of Strata Plan No 3397 v Tate (No 2) [2008] NSWCA 50

The Owners of Strata Plan No 3397 v Tate (No 2) [2008] NSWCA 50

Correction of an arithmetical error in the Court’s previous orders does not, in this case, justify varying the costs order. The principal issue at trial was the interpretation of By-law 21, on which the respondent lost, and the costs decision was based upon the time spent on that issue, not on the quantum of recovery. No sufficient reason has been shown to alter the original costs orders.

Jurisdiction
Australia
Judgment Date
09 April 2008
Procedural Posture
Application in Chambers / Motion to Vary Costs Order After Correction of Arithmetical Error in Judgment
Outcome
Motion dismissed
Legal Topics
['costs' 'correction of Judgment' 'arithmetical Error' 'strata Schemes']
['civil Procedure'] ['costs' 'correction of Judgment' 'arithmetical Error' 'strata Schemes']

Case Brief

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Procedural Posture

Application in Chambers / Motion to Vary Costs Order After Correction of Arithmetical Error in Judgment

Legal Issues

  1. 1 ["Whether costs orders should be varied following correction of an arithmetical error in the Court's earlier judgment" 'Whether the original costs order was based on a misapprehension about the respondent’s degree of success']

Ratio Decidendi

Correction of an arithmetical error in the Court’s previous orders does not, in this case, justify varying the costs order. The principal issue at trial was the interpretation of By-law 21, on which the respondent lost, and the costs decision was based upon the time spent on that issue, not on the quantum of recovery. No sufficient reason has been shown to alter the original costs orders.

Court Disposition

Motion dismissed

Orders

  • ['The parties are directed within 14 days to bring in Short Minutes of Order reflecting these reasons.' 'Each party is to pay their own costs of or incidental to the motion.']