Rothman v The Owners - Strata Plan No 4707 (No 2) [2019] NSWCATCD 43

Rothman v The Owners - Strata Plan No 4707 (No 2) [2019] NSWCATCD 43

Given the applicant's overwhelming success, the Respondent's refusal to mediate or settle, the prolonged and aggressive conduct resulting in unnecessary costs, and the operation of Rule 38, the Tribunal exercises discretion to award indemnity costs to the Applicant; the Respondent may not levy the Applicant for satisfaction of this order.

Parties
Applicant: Sandra Rothman; Respondent: The Owners Strata Plan No 4707
Jurisdiction
Australia
Judgment Date
21 May 2019
Procedural Posture
Costs Application (consumer and Commercial Division) / Post Final Orders; Application for Costs Determined on the Papers
Outcome
Applicant awarded indemnity costs; Respondent barred from levying Applicant to recover those costs
Legal Topics
Costs, Indemnity Costs, Owners Corporation Duty, Statutory Duty to Repair, Offers of Compromise, Rejection of Settlement Offers
Strata Law Civil Procedure Costs Indemnity Costs Owners Corporation Duty Statutory Duty to Repair Offers of Compromise Rejection of Settlement Offers

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Parties

Sandra Rothman

Applicant

The Owners Strata Plan No 4707

Respondent

Procedural Posture

Costs Application (consumer and Commercial Division) / Post Final Orders; Application for Costs Determined on the Papers

Legal Issues

  1. 1 Whether the Respondent should pay the Applicant's costs on an indemnity basis
  2. 2 Whether a levy can be imposed on the Applicant to satisfy a costs order

Ratio Decidendi

Given the applicant's overwhelming success, the Respondent's refusal to mediate or settle, the prolonged and aggressive conduct resulting in unnecessary costs, and the operation of Rule 38, the Tribunal exercises discretion to award indemnity costs to the Applicant; the Respondent may not levy the Applicant for satisfaction of this order.

Court Disposition

Applicant awarded indemnity costs; Respondent barred from levying Applicant to recover those costs

Orders

  • The Respondent is to pay the Applicant's costs as assessed on an indemnity basis including the costs associated with the costs application.
  • The Respondent shall not impose a levy on the Applicant in the event that a levy is required to satisfy Order 1.