The Owners Strata Plan 432 v Seddon (No 2) [2016] NSWLEC 92

The Owners Strata Plan 432 v Seddon (No 2) [2016] NSWLEC 92

Given the mixed success of the applicant and conduct of both sides, including shifting grounds and late amendments, the just result is for the respondents (first, second, and third) to jointly and severally pay two-thirds of the applicant's costs up to judgment, split 50/50 between the private respondents and the Council. The respondents are not to bear costs arising from orders varied post-judgment, which the applicant must pay. Any such costs payable by the applicant are to be raised only from lots other than those owned by the respondents, proportional to lot entitlement, pursuant to s 229 Strata Schemes Management Act. Interest on costs is refused. Each party bears its own costs of...

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Class 4 Civil/specialist / Costs Determination Following Substantive Judgment and Orders
Outcome
Costs apportioned as per orders; interest refused; each party bears own subsequent costs
Legal Topics
['costs Apportionment' 'interest on Costs' 'restraining Orders' 'declaratory Relief' 'statutory Interpretation' 'levy of Contributions in Strata Schemes']
['strata Law' 'civil Procedure' 'costs'] ['costs Apportionment' 'interest on Costs' 'restraining Orders' 'declaratory Relief' 'statutory Interpretation' 'levy of Contributions in Strata Schemes']

Case Brief

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Procedural Posture

Class 4 Civil/specialist / Costs Determination Following Substantive Judgment and Orders

Legal Issues

  1. 1 ['Which party/parties should bear the costs of the proceedings and in what proportion?' 'Whether interest should be awarded on the applicant’s costs?' 'How should the Strata Schemes Management Act 1996 affect liability for and recovery of costs?' 'Are special apportionments required under s 229 of the Strata Schemes Management Act for orders made?' 'Who should bear costs of the post-judgment variation application?']

Ratio Decidendi

Given the mixed success of the applicant and conduct of both sides, including shifting grounds and late amendments, the just result is for the respondents (first, second, and third) to jointly and severally pay two-thirds of the applicant's costs up to judgment, split 50/50 between the private respondents and the Council. The respondents are not to bear costs arising from orders varied post-judgment, which the applicant must pay. Any such costs payable by the applicant are to be raised only from lots other than those owned by the respondents, proportional to lot entitlement, pursuant to s 229 Strata Schemes Management Act. Interest on costs is refused. Each party bears its own costs of...

Court Disposition

Costs apportioned as per orders; interest refused; each party bears own subsequent costs

Orders

  • ["The three respondents are ordered jointly and severally to pay two-thirds of the applicant's costs of the proceedings up to and including 1 May 2015, as agreed or assessed, first and second respondents responsible for 50% and third respondent for 50%." "The applicant is to pay the first and second respondents'...