Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 1120

Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 1120

Indemnity for costs should distinguish between costs incurred in advancing interests of the Strata Corporation as a whole and costs attributable to disputes among individual lot owners; only the former are covered by indemnity and passed to all lot owners, while costs from disputes between individuals are not indemnified by the Strata Corporation.

Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Appeal / Costs Determination
Outcome
Orders varied and costs apportioned per outcome on appeal.
Legal Topics
['strata Schemes' 'costs' 'indemnity' 'party/party Costs']
['equity' 'property Law'] ['strata Schemes' 'costs' 'indemnity' 'party/party Costs']

Case Brief

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Procedural Posture

Appeal / Costs Determination

Legal Issues

  1. 1 ['Whether the Strata Corporation should indemnify plaintiffs for costs incurred in proceedings under Strata Schemes Management Act 1996 (NSW) ss 229 and 230' 'Distinction between grounds of appeal advancing interests of Strata Corporation as a whole and those propounding a dispute between individual lot owners' 'Court’s powers under ss 229 and 230 regarding costs incurred before NSW Civil and Administrative Tribunal']

Ratio Decidendi

Indemnity for costs should distinguish between costs incurred in advancing interests of the Strata Corporation as a whole and costs attributable to disputes among individual lot owners; only the former are covered by indemnity and passed to all lot owners, while costs from disputes between individuals are not indemnified by the Strata Corporation.

Court Disposition

Orders varied and costs apportioned per outcome on appeal.

Orders

  • ["Pursuant to the condition imposed by Order 3 made by the Court on 7 March 2018, vary Order 2 made on that date so that the fourth plaintiff's indemnity is limited to the costs which would have been incurred if the appeal had challenged only orders 4 to 8 made by the NSW Civil and Administrative Tribunal on 29...