Pasade Holdings v Sydney City Council [2003] NSWSC 913

Pasade Holdings v Sydney City Council [2003] NSWSC 913

The RSL Club Trustees were properly joined as defendants due to their interests and entitlement to consideration under s.88K(2)(b). There being no reason to depart from the statutory position in s.88K(5), they are entitled to their costs, but only so far as those costs are proportionate and justifiable given their limited and non-adversarial participation.

Parties
Plaintiff: Pasade Holdings Pty Ltd; First Defendant: Council of the City of Sydney; Second Defendant: Graham William Byrne; Third Defendant: Peter Sidney Emery; Fourth Defendant: Brian Bradley; Fifth Defendant: The Owners of Strata Plan 61233; Sixth Defendant: John Anthony Arcidiacono; Seventh Defendant: Anna Maria Arcidiacono
Jurisdiction
Australia
Judgment Date
10 October 2003
Procedural Posture
Costs Assessment Following S.88 K Conveyancing Act 1919 Proceedings / Post Judgment (costs Determination)
Outcome
Order that the plaintiff pay the second, third and fourth defendants' costs assessed at $3,036.58.
Legal Topics
Costs, Easements, S.88 K Conveyancing Act 1919
Property Law Equity Costs Easements S.88 K Conveyancing Act 1919

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Parties

Pasade Holdings Pty Ltd

Plaintiff

Council of the City of Sydney

First Defendant

Graham William Byrne

Second Defendant

Peter Sidney Emery

Third Defendant

Brian Bradley

Fourth Defendant

The Owners of Strata Plan 61233

Fifth Defendant

John Anthony Arcidiacono

Sixth Defendant

Anna Maria Arcidiacono

Seventh Defendant

Procedural Posture

Costs Assessment Following S.88 K Conveyancing Act 1919 Proceedings / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether second, third and fourth defendants (RSL Club Trustees) are entitled to costs from the plaintiff in s.88K easement proceedings
  2. 2 Appropriate quantum for costs to be awarded

Ratio Decidendi

The RSL Club Trustees were properly joined as defendants due to their interests and entitlement to consideration under s.88K(2)(b). There being no reason to depart from the statutory position in s.88K(5), they are entitled to their costs, but only so far as those costs are proportionate and justifiable given their limited and non-adversarial participation.

Court Disposition

Order that the plaintiff pay the second, third and fourth defendants' costs assessed at $3,036.58.

Orders

  • Plaintiff to pay the costs of the second, third and fourth defendants assessed at $3,036.58.