Constantinou v Dipsellas; Dipsellas v The Owners Strata Plan No 20736 (No. 2) [2022] NSWCATCD 149

Constantinou v Dipsellas; Dipsellas v The Owners Strata Plan No 20736 (No. 2) [2022] NSWCATCD 149

Due to mixed outcomes and overlapping issues with each party enjoying success on some matters but not others, no party was clearly the successful party; thus, it was not fair or just for costs to be awarded to any party, and no order as to costs was appropriate to avoid unnecessary expense and delay.

Jurisdiction
Australia
Judgment Date
21 July 2022
Procedural Posture
Costs Application Following Substantive Decision in Two Related Proceedings / Post Substantive Orders; Determination of Costs Application
Outcome
Application for costs by Lessor dismissed. No order as to costs; all parties to bear their own costs.
Legal Topics
['costs' 'retail Leasing' 'strata Management' 'covenant of Quiet Enjoyment']
['civil Procedure' 'property Law'] ['costs' 'retail Leasing' 'strata Management' 'covenant of Quiet Enjoyment']

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Procedural Posture

Costs Application Following Substantive Decision in Two Related Proceedings / Post Substantive Orders; Determination of Costs Application

Legal Issues

  1. 1 ['Whether a hearing on the question of costs should be dispensed with' 'Whether costs should follow the event in proceedings with mixed outcomes' 'Whether a Calderbank offer justified indemnity costs' 'How costs should be apportioned in proceedings with multiple interrelated issues']

Ratio Decidendi

Due to mixed outcomes and overlapping issues with each party enjoying success on some matters but not others, no party was clearly the successful party; thus, it was not fair or just for costs to be awarded to any party, and no order as to costs was appropriate to avoid unnecessary expense and delay.

Court Disposition

Application for costs by Lessor dismissed. No order as to costs; all parties to bear their own costs.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 NSW, a hearing on the question of costs is dispensed with.' 'The application for his costs in the proceedings constituted by File Nos. COM 20/41088 and SC 21/13805 by the Lessor, Stanley Stephen Dipsellas, is dismissed.' 'No order as to costs,...