The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 4) [2025] NSWSC 111

The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 4) [2025] NSWSC 111

Costs are determined for each discrete issue. The plaintiff (Owners Corporation) is to pay the first and second defendants' costs on the effective height claim, and to pay third and sixth defendants' costs generally, with indemnity costs from date of offer of compromise. Conversely, the first and second defendants are to pay the plaintiff's costs relating to the uncontested fire safety defects claim.

Parties
Plaintiff: The Owners - Strata Plan 82089; First Defendant: Omaya Holdings Pty Ltd; Second Defendant: Arinson Pty Limited; Third Defendant: Omaya Investments Pty Ltd; Sixth Defendant: BSM Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Equity Technology and Construction List / Costs Determination Following Substantive Judgment
Outcome
Costs orders granted as specified for each issue and party; requests for further submissions to finalize minutes of order.
Legal Topics
Party/party Costs, Indemnity Costs, Offer of Compromise, Multiple Discrete Issues
Costs Party/party Costs Indemnity Costs Offer of Compromise Multiple Discrete Issues

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Owners - Strata Plan 82089

Plaintiff

Omaya Holdings Pty Ltd

First Defendant

Arinson Pty Limited

Second Defendant

Omaya Investments Pty Ltd

Third Defendant

BSM Holdings Pty Limited

Sixth Defendant

Procedural Posture

Equity Technology and Construction List / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Whether costs should follow the event for each discrete issue
  2. 2 Whether to defer costs determination pending referee's report
  3. 3 Application of indemnity costs after offer of compromise for certain defendants

Ratio Decidendi

Costs are determined for each discrete issue. The plaintiff (Owners Corporation) is to pay the first and second defendants' costs on the effective height claim, and to pay third and sixth defendants' costs generally, with indemnity costs from date of offer of compromise. Conversely, the first and second defendants are to pay the plaintiff's costs relating to the uncontested fire safety defects claim.

Court Disposition

Costs orders granted as specified for each issue and party; requests for further submissions to finalize minutes of order.

Orders

  • Plaintiff to pay first and second defendants' costs of the plaintiff's fire defects effective height claim
  • Plaintiff to pay third and sixth defendants' costs generally