The Owners – Strata Plan 76841 v Ceerose Pty Ltd (No 2) [2016] NSWSC 1629

The Owners – Strata Plan 76841 v Ceerose Pty Ltd (No 2) [2016] NSWSC 1629

Because the Owners Corporation achieved only partial success on its amendment motion and Ceerose substantially succeeded in opposing amendments that would have increased the claim by some $2 million, an order that the Owners Corporation pay 75 per cent of the defendants' costs fairly reflected the parties' relative success. There was no reason to depart from the usual position under Practice Note SC Eq 3 permitting assessment of those costs forthwith.

Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Costs / On the Papers Determination of Costs of the Plaintiff's Notice of Motion of 20 July 2016 Seeking Leave to Amend
Outcome
Plaintiff ordered to pay three quarters of the defendants' costs of the plaintiff's notice of motion of 20 July 2016; no contrary order made preventing assessment forthwith.
Legal Topics
['costs of Amendment Application' 'partial Success on Application for Leave to Amend' 'immediate Assessment of Costs' 'practice Note SC Eq 3' 'uniform Civil Procedure Rules 2005 (nsw) R 42.7(2)']
['civil Procedure' 'costs' 'equity Technology and Construction List'] ['costs of Amendment Application' 'partial Success on Application for Leave to Amend' 'immediate Assessment of Costs' 'practice Note SC Eq 3' 'uniform Civil Procedure Rules 2005 (nsw) R 42.7(2)']

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Procedural Posture

Costs / On the Papers Determination of Costs of the Plaintiff's Notice of Motion of 20 July 2016 Seeking Leave to Amend

Legal Issues

  1. 1 ['What further costs order should be made where the plaintiff achieved only partial success on its application for leave to amend.' 'Whether the defendants should be permitted to have their costs assessed forthwith or whether the Court should otherwise order under Practice Note SC Eq 3.']

Ratio Decidendi

Because the Owners Corporation achieved only partial success on its amendment motion and Ceerose substantially succeeded in opposing amendments that would have increased the claim by some $2 million, an order that the Owners Corporation pay 75 per cent of the defendants' costs fairly reflected the parties' relative success. There was no reason to depart from the usual position under Practice Note SC Eq 3 permitting assessment of those costs forthwith.

Court Disposition

Plaintiff ordered to pay three quarters of the defendants' costs of the plaintiff's notice of motion of 20 July 2016; no contrary order made preventing assessment forthwith.

Orders

  • ["The plaintiff pay three quarters of the defendants' costs of the plaintiff's notice of motion of 20 July 2016."]