Burbank Montague Pty Limited and Anor v The Owners - Strata Plan 85312 and Anor [2020] NSWSC 1365

Supreme Court New South Wales

Medium Neutral Citation: Burbank Montague Pty Limited and Anor v The Owners - Strata Plan 85312 and Anor [2020] NSWSC 1365 Hearing dates: On the papers Decision date: 08 October 2020 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Notice of Motion filed on 7 August 2020 by Burbank Montague Pty Limited and Gornoa Pty Limited is dismissed.

2. Burbank Montague Pty Limited and Gornoa Pty Limited are to pay the costs of the Notice of Motion of GK Strata Management Pty Limited and The Owners - Strata Plan 85312 within 28 days of agreement or assessment. Catchwords: COSTS - principal proceedings involve strata scheme dispute - application by Notice of Motion for interlocutory orders - applicants determine not to press Notice of Motion - abandonment of claim for interlocutory orders - no hearing of Notice of Motion on the merits - relevant considerations on costs application - whether respondent entitled to costs of abandoned Notice of Motion - order for costs made Legislation Cited: Civil Procedure Act 2005 Criminal Appeal Act 1912 Strata Schemes Management Act 2015 Uniform Civil Procedure Rules 2005 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Burbank Montague Pty Limited v The Owners - Strata Plan No. 85312 [2020] NSWCATAP 100 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 McNamara v Bao San [2010] NSWSC 809 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 R v Martinez; R v Tortell (No. 7) [2020] NSWSC 361 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: --- Category: Costs Parties: Burbank Montague Pty Limited (First Applicant) Gornoa Pty Limited (Second Applicant) The Owners - Strata Plan 85312 (First Respondent) GK Strata Management Pty Limited (Second Respondent) Representation: Counsel: Mr M Bradford (Applicants) Mr D Russell, solicitor (First Respondent)