The Owners – Strata Plan 46498 v Evagelakos [2022] NSWLEC 1353

The Owners – Strata Plan 46498 v Evagelakos [2022] NSWLEC 1353

Given the Applicant's repeated but unsuccessful efforts to resolve the dispute and the Respondent's insufficient response to the issues raised, it was found fair and reasonable to make a costs order in the Applicant's favour.

Parties
Applicant: The Owners – Strata Plan 46498; Respondent: Kalliopi Evagelakos
Jurisdiction
Australia
Judgment Date
05 July 2022
Procedural Posture
Motion for Costs in Class 2 Proceedings / Post Substantive Decision, Costs Application Following Final Orders
Outcome
Motion for costs granted in favour of the Applicant
Legal Topics
Costs Order, Trees (disputes Between Neighbours) Act, Land and Environment Court Rule 3.7
Costs Tree Disputes Costs Order Trees (disputes Between Neighbours) Act Land and Environment Court Rule 3.7

Case Brief

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Parties

The Owners – Strata Plan 46498

Applicant

Kalliopi Evagelakos

Respondent

Procedural Posture

Motion for Costs in Class 2 Proceedings / Post Substantive Decision, Costs Application Following Final Orders

Legal Issues

  1. 1 Whether it is fair and reasonable to make an order for costs against the Respondent under Land and Environment Court Rule 3.7

Ratio Decidendi

Given the Applicant's repeated but unsuccessful efforts to resolve the dispute and the Respondent's insufficient response to the issues raised, it was found fair and reasonable to make a costs order in the Applicant's favour.

Court Disposition

Motion for costs granted in favour of the Applicant

Orders

  • The Court grants the Motion