Owners Strata Plan 4003 v Mustafa (No 2) [2012] NSWSC 848

Owners Strata Plan 4003 v Mustafa (No 2) [2012] NSWSC 848

Indemnity costs are not warranted given the defendant's conduct did not amount to delinquency; costs in the Local Court are to be paid on a party/party basis, excluding costs referable to an expert report; plaintiff entitled to costs for appeal; no special order for excess costs to be paid other than proportionally...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 July 2012
Procedural Posture
Appeal / Costs Determination After Appeal Decision
Outcome
Appeal allowed; orders made for costs and verdict
Legal Topics
['indemnity Costs' 'party/party Costs' 'strata Scheme Management' 'appeal Costs']
['costs'] ['indemnity Costs' 'party/party Costs' 'strata Scheme Management' 'appeal Costs']

Source-derived case record

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Procedural Posture

Appeal / Costs Determination After Appeal Decision

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded for proceedings in the Local Court and appeal' 'Allocation of costs referable to expert reports' "Plaintiff's entitlement to costs for appeal" 'Propriety of costs orders affecting levies on lot owners']

Ratio Decidendi

Indemnity costs are not warranted given the defendant's conduct did not amount to delinquency; costs in the Local Court are to be paid on a party/party basis, excluding costs referable to an expert report; plaintiff entitled to costs for appeal; no special order for excess costs to be paid other than proportionally by defendant as lot owner.

Court Disposition

Appeal allowed; orders made for costs and verdict

Orders

  • ['Appeal allowed.' 'Set aside the Local Court orders made on 21 December 2011 in proceedings number 2011/030357.' 'Verdict for the plaintiff in the sum of $35,670.45 inclusive of interest.' "Defendant to pay plaintiff's costs of Local Court proceedings on a party/party basis, excluding costs referable to Mr Peter...