Noon v The Owners - Strata Plan No. 22422 (No. 2) [2014] NSWSC 1642

Noon v The Owners - Strata Plan No. 22422 (No. 2) [2014] NSWSC 1642

Astra’s conduct in upholding challenged by-laws, more than any act or omission of the Owners Corporation, made it necessary for the plaintiffs to bring proceedings; the Owners Corporation’s submitting appearance and stance did not increase costs or necessitate litigation, warranting that only Astra should bear the plaintiffs’ costs.

Parties
First Plaintiff: Gregory Brian Noon; Second Plaintiff: Matthew Jack Noon; First Defendant: The Owners - Strata Plan No. 22422; Second Defendant: Bondi Beach Astra Retirement Village Pty Ltd
Jurisdiction
Australia
Judgment Date
19 November 2014
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Plaintiffs' costs to be paid by Astra (second defendant) alone; no order as to costs between plaintiffs and Owners Corporation (first defendant).
Legal Topics
Costs, Submitting Appearance, Strata Schemes, Retirement Villages, By Laws
Civil Procedure Equity Strata Title Law Costs Submitting Appearance Strata Schemes Retirement Villages By Laws

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Parties

Gregory Brian Noon

First Plaintiff

Matthew Jack Noon

Second Plaintiff

The Owners - Strata Plan No. 22422

First Defendant

Bondi Beach Astra Retirement Village Pty Ltd

Second Defendant

Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the first defendant (submitting party) should pay the plaintiffs' costs despite not opposing relief
  2. 2 Which defendant is responsible for plaintiffs’ costs given the nature of the proceedings and conduct

Ratio Decidendi

Astra’s conduct in upholding challenged by-laws, more than any act or omission of the Owners Corporation, made it necessary for the plaintiffs to bring proceedings; the Owners Corporation’s submitting appearance and stance did not increase costs or necessitate litigation, warranting that only Astra should bear the plaintiffs’ costs.

Court Disposition

Plaintiffs' costs to be paid by Astra (second defendant) alone; no order as to costs between plaintiffs and Owners Corporation (first defendant).

Orders

  • Astra to pay plaintiffs' costs of the proceedings (excluding costs of the plaintiffs' application for costs against the Owners Corporation).
  • No order for costs as between plaintiffs and the Owners Corporation.