Taylor v Owners - Strata Plan No 11564 (No 2) [2013] NSWCA 153

Taylor v Owners - Strata Plan No 11564 (No 2) [2013] NSWCA 153

Order 4 should be varied because the appellant had given advance notice of objection to more than one set of costs, the appeal concerned a discrete question on which the first four and sixth respondents' interests were identical, no facts or reasons supported the assertion that their interests were at odds, and the respondents adopted each other's submissions without duplication. The costs of the unused written submissions should be excluded because that order was not opposed. The appellant should receive the costs of the motion because she had timely sought the orders in her original submissions and the motion was unsuccessfully opposed.

Jurisdiction
Australia
Judgment Date
05 June 2013
Procedural Posture
Costs Motion to Vary Order / On the Papers; Motion to Vary the Costs Order Made on 18 March 2013 After Leave to Appeal Was Granted But the Appeal Was Dismissed
Outcome
Motion granted; costs order varied so that the appellant is to pay one set of costs to the first four and sixth respondents, excluding costs of unused submissions, and the first four and sixth respondents are to pay the appellant's costs of the motion.
Legal Topics
['variation of Costs Order' 'separate Representation of Respondents' 'one Set of Costs' 'notice of Objection to More Than One Set of Costs' 'uniform Civil Procedure Rules 2005 (nsw), R 51.4']
['civil Procedure' 'costs' 'appellate Procedure'] ['variation of Costs Order' 'separate Representation of Respondents' 'one Set of Costs' 'notice of Objection to More Than One Set of Costs' 'uniform Civil Procedure Rules 2005 (nsw), R 51.4']

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Procedural Posture

Costs Motion to Vary Order / On the Papers; Motion to Vary the Costs Order Made on 18 March 2013 After Leave to Appeal Was Granted But the Appeal Was Dismissed

Legal Issues

  1. 1 ['Whether order 4 made on 18 March 2013 should be varied so that the appellant pay only one set of costs to the first four and sixth respondents.' 'Whether the costs payable should exclude the costs of an undated document entitled "First to Fourth and Sixth Respondents\' Response to Applicant\'s Supplementary Submissions" that was not relied upon at the hearing.' "Whether the first four and sixth respondents should pay the appellant's costs of the motion."]

Ratio Decidendi

Order 4 should be varied because the appellant had given advance notice of objection to more than one set of costs, the appeal concerned a discrete question on which the first four and sixth respondents' interests were identical, no facts or reasons supported the assertion that their interests were at odds, and the respondents adopted each other's submissions without duplication. The costs of the unused written submissions should be excluded because that order was not opposed. The appellant should receive the costs of the motion because she had timely sought the orders in her original submissions and the motion was unsuccessfully opposed.

Court Disposition

Motion granted; costs order varied so that the appellant is to pay one set of costs to the first four and sixth respondents, excluding costs of unused submissions, and the first four and sixth respondents are to pay the appellant's costs of the motion.

Orders

  • ['Vary order 4 made on 18 March 2013 so that it reads: Appellant to pay one set of costs to the first four and sixth respondents in respect of the application for leave to appeal and the appeal.' 'Costs payable pursuant to order (1) above to the first four and sixth respondents shall not include the cost of the...