Owners Corporation - Strata Plan 18910 v Starkey & Ors [2000] NSWSC 74

Owners Corporation - Strata Plan 18910 v Starkey & Ors [2000] NSWSC 74

The proceedings are appropriate for transfer to the District Court as the substantive claim is in nuisance and for damages within its monetary jurisdiction. The District Court has power under Part 5 Rule 13 to determine costs for the period prior to transfer. It would be premature and potentially unfair to award costs at this stage when liability is undecided; hence, costs are reserved for determination by the District Court.

Parties
Plaintiff: Owners Corporation - Strata Plan 18910; First Defendant: Laurie Starkey; Second Defendant: Anthony Aitken Petley; Third Defendant: Janette Ivy Petley; Fourth Defendant: Owners Corporation - Strata Plan 19898
Jurisdiction
Australia
Judgment Date
23 February 2000
Procedural Posture
Equity / Transfer of Proceedings to District Court
Outcome
Proceedings transferred to District Court; costs reserved
Legal Topics
Transfer of Proceedings, Power of District Court to Award Costs, Nuisance, Injunctive Relief, Damages
Property Nuisance Transfer of Proceedings Power of District Court to Award Costs Injunctive Relief Damages

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Parties

Owners Corporation - Strata Plan 18910

Plaintiff

Laurie Starkey

First Defendant

Anthony Aitken Petley

Second Defendant

Janette Ivy Petley

Third Defendant

Owners Corporation - Strata Plan 19898

Fourth Defendant

Procedural Posture

Equity / Transfer of Proceedings to District Court

Legal Issues

  1. 1 Whether proceedings should be transferred to the District Court
  2. 2 Whether District Court has power to award costs incurred prior to transfer
  3. 3 Whether costs should be awarded at this stage

Ratio Decidendi

The proceedings are appropriate for transfer to the District Court as the substantive claim is in nuisance and for damages within its monetary jurisdiction. The District Court has power under Part 5 Rule 13 to determine costs for the period prior to transfer. It would be premature and potentially unfair to award costs at this stage when liability is undecided; hence, costs are reserved for determination by the District Court.

Court Disposition

Proceedings transferred to District Court; costs reserved

Orders

  • Pursuant to section 143(1) of the District Court Act 1973, as amended, the proceedings are transferred to the District Court of New South Wales sitting at Sydney.
  • The question of costs up to the date of transfer is reserved to be decided by a Judge of the District Court pursuant to Part 5 Rule 13 of the District Court Rules.