Quest Rose Hill Pty Limited v The Owners Corporation of Strata Plan 64025 and Anor [2013] NSWSC 1810

Quest Rose Hill Pty Limited v The Owners Corporation of Strata Plan 64025 and Anor [2013] NSWSC 1810

As the second defendant abandoned the substantive relief sought in his motion, and the plaintiff's relief was thereby unopposed, costs should follow the event, and the second defendant should pay the plaintiff's costs of both motions, but not on an indemnity basis.

Parties
Plaintiff: Quest Rose Hill Pty Limited; First Defendant: The Owners Corporation of Strata Plan 64025; Second Defendant: Keith Bernard White (representing the lot owners referred to in the amended schedule 4 in the further amended second cross-claim)
Jurisdiction
Australia
Judgment Date
05 December 2013
Procedural Posture
Procedural and Other Rulings / Post Judgment Motion Concerning Enforcement and Costs
Outcome
Plaintiff's motion granted; relevant parts of second defendant's motion stood over or unpressed; costs ordered against second defendant on ordinary basis; orders to be entered forthwith.
Legal Topics
Judgments and Orders, Clarification of Costs Orders
Procedure Judgments and Orders Clarification of Costs Orders

Case Brief

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Parties

Quest Rose Hill Pty Limited

Plaintiff

The Owners Corporation of Strata Plan 64025

First Defendant

Keith Bernard White (representing the lot owners referred to in the amended schedule 4 in the further amended second cross-claim)

Second Defendant

Procedural Posture

Procedural and Other Rulings / Post Judgment Motion Concerning Enforcement and Costs

Legal Issues

  1. 1 Clarification of costs orders made in prior judgments
  2. 2 Implementation/enforcement of specific performance order between plaintiff and second defendant

Ratio Decidendi

As the second defendant abandoned the substantive relief sought in his motion, and the plaintiff's relief was thereby unopposed, costs should follow the event, and the second defendant should pay the plaintiff's costs of both motions, but not on an indemnity basis.

Court Disposition

Plaintiff's motion granted; relevant parts of second defendant's motion stood over or unpressed; costs ordered against second defendant on ordinary basis; orders to be entered forthwith.

Orders

  • Plaintiff's motion (paragraphs 1 to 3) granted.
  • Second defendant's motion (paragraphs 1 to 4) abandoned; paragraph 5 granted by consent; paragraph 6 stood over to 5 February 2014; paragraphs 7 and 8 not pressed.