The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd (No 2) [2014] NSWSC 595

The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd (No 2) [2014] NSWSC 595

There was no misconduct or disentitling conduct on the part of the plaintiff in these proceedings and therefore the usual rule that costs follow the event applies. The defendants are entitled to a certificate under the Suitors' Fund Act as the relevant statutory exclusion does not apply, and the events before the Tribunal warrant the grant. The 2nd to 5th defendants are treated as one defendant for costs, reflecting their common interest and representation.

Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Costs Application / Post Judgment (after Principal Substantive Judgment)
Outcome
Costs awarded to plaintiff; Suitors' Fund Act certificate granted to defendants if otherwise qualified.
Legal Topics
['costs' 'departing From General Rule of Costs' "suitors' Fund Act Certificate"]
['civil Procedure'] ['costs' 'departing From General Rule of Costs' "suitors' Fund Act Certificate"]

Case Brief

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Procedural Posture

Costs Application / Post Judgment (after Principal Substantive Judgment)

Legal Issues

  1. 1 ['Whether costs should depart from the general rule' 'Whether defendants should be treated as one defendant for costs' "Whether certificate under Suitors' Fund Act should be granted"]

Ratio Decidendi

There was no misconduct or disentitling conduct on the part of the plaintiff in these proceedings and therefore the usual rule that costs follow the event applies. The defendants are entitled to a certificate under the Suitors' Fund Act as the relevant statutory exclusion does not apply, and the events before the Tribunal warrant the grant. The 2nd to 5th defendants are treated as one defendant for costs, reflecting their common interest and representation.

Court Disposition

Costs awarded to plaintiff; Suitors' Fund Act certificate granted to defendants if otherwise qualified.

Orders

  • ["The defendants to pay the plaintiff's costs of the proceedings as agreed or assessed." 'For the purpose of this costs order, the 2nd to 5th defendants are to be treated as one defendant.' "The defendants be granted a certificate under the Suitors' Fund Act in relation to the costs of the proceedings if otherwise...