El Khouri v Owners Corporation SP6534 [2024] NSWSC 537

El Khouri v Owners Corporation SP6534 [2024] NSWSC 537

The Court varied the earlier orders because the failure to exclude Lot 11 from costs contributions was an omission within the slip rule, the proposed By-law 30.4 certificate would have been inconsistent with findings of non-compliance and therefore could not be ordered, the agreed monetary variation should be made, a safety-net liberty to apply was sensible if NCAT declined to remove cl 30.3 of By-law 30, and interest on costs from the dates of payment was appropriate under s 101 given the duration of the proceedings.

Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Procedural Ruling in Equity / Amended Notice of Motion to Vary Orders Made After Principal Judgment and Costs Judgment
Outcome
Orders made on 28 February 2024 were varied; further orders were made correcting the costs position for Lot 11, awarding interest on costs, and providing that each party pay its own costs of the notice of motion.
Legal Topics
['slip Rule' 'variation of Orders' 'strata Levies and Contributions' 'interest on Costs' 'exclusion of Lot 11 From Costs Contributions']
['civil Procedure' 'strata Schemes' 'costs'] ['slip Rule' 'variation of Orders' 'strata Levies and Contributions' 'interest on Costs' 'exclusion of Lot 11 From Costs Contributions']

Case Brief

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Procedural Posture

Procedural Ruling in Equity / Amended Notice of Motion to Vary Orders Made After Principal Judgment and Costs Judgment

Legal Issues

  1. 1 ['Whether an omission in the costs orders concerning exemption of Lot 11 from costs contributions should be corrected under the slip rule.' 'Whether order 1 made on 28 February 2024 should be varied because a certificate under By-law 30.4 would be inconsistent with findings that critical obligations had not been complied with.' 'Whether order 2 should be varied by consent to require payment of $590,707.61 pursuant to s 145 of the Strata Schemes Management Act 2015 (NSW).' 'Whether liberty to apply should be granted if the New South Wales Civil and Administrative Tribunal declines to remove cl 30.3 of By-law 30.' 'Whether the Executors should pay interest on costs from the dates when costs were incurred.']

Ratio Decidendi

The Court varied the earlier orders because the failure to exclude Lot 11 from costs contributions was an omission within the slip rule, the proposed By-law 30.4 certificate would have been inconsistent with findings of non-compliance and therefore could not be ordered, the agreed monetary variation should be made, a safety-net liberty to apply was sensible if NCAT declined to remove cl 30.3 of By-law 30, and interest on costs from the dates of payment was appropriate under s 101 given the duration of the proceedings.

Court Disposition

Orders made on 28 February 2024 were varied; further orders were made correcting the costs position for Lot 11, awarding interest on costs, and providing that each party pay its own costs of the notice of motion.

Orders

  • ['Order 1 varied to read: Pursuant to s 22 of the Strata Schemes Management Act 2015 (NSW), that by 31 May 2024 the plaintiffs issue to the defendant a strata interest notice.' 'Order 2 varied to read: The plaintiffs are to pay the defendant $590,707.61 pursuant to s 145 of the Strata Schemes Management Act 2015...