Peter Voutos and Irene Voutos v Michael Trajcevski and Snez Trajcevski [2014] NSWCATCD 122

Peter Voutos and Irene Voutos v Michael Trajcevski and Snez Trajcevski [2014] NSWCATCD 122

The applicants, having no standing in relation to the common property of the strata scheme and having commenced misconceived proceedings, must pay the respondents' costs, as the respondents were entitled to indemnification as successful parties.

Jurisdiction
Australia
Judgment Date
16 July 2014
Procedural Posture
Renewal of Claim; Costs Application / Decision on Costs After Withdrawal of Application
Outcome
Applicants to pay respondents' costs as agreed or assessed; no order in relation to file HB 12/32193.
Legal Topics
['costs' 'standing' 'strata Schemes']
['civil Procedure'] ['costs' 'standing' 'strata Schemes']

Case Brief

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Procedural Posture

Renewal of Claim; Costs Application / Decision on Costs After Withdrawal of Application

Legal Issues

  1. 1 ["Whether applicants should be ordered to pay respondents' costs" 'Whether applicants had standing to bring proceedings regarding common property of strata scheme' 'Whether Tribunal could set aside earlier consent orders']

Ratio Decidendi

The applicants, having no standing in relation to the common property of the strata scheme and having commenced misconceived proceedings, must pay the respondents' costs, as the respondents were entitled to indemnification as successful parties.

Court Disposition

Applicants to pay respondents' costs as agreed or assessed; no order in relation to file HB 12/32193.

Orders

  • ["The applicants shall pay the respondents' costs in these proceedings as agreed or assessed on the ordinary basis within 14 days of agreement or assessment." 'No order is made in relation to file HB 12/32193.']