Council of the City of Sydney v Baboon Pty Limited [2020] NSWSC 1480

Supreme Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Baboon Pty Limited [2020] NSWSC 1480 Hearing dates: 16 October 2020 Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Equity Before: Rees J Decision: Order payment out of monies paid into Court. Catchwords: MONIES PAID INTO COURT – council sold unit for unpaid rates – owner missing – net proceeds of sale paid into court – PAYMENT OUT – owners corporation and purchaser claim monies – agreement to distribute monies pari passu – r 41.3 UCPR – r 55.11 UCPR – owners corporation's recovery expenses disproportionate – purchaser paid in full and balance to owners corporation. STRATA SCHEMES – expenditure on legal services –obligations of strata managing agent and owners' corporation lawyers to supervise legal expenditure – owners' corporation entitled to recover reasonable expenses – s86(2A) Strata Schemes Management Act. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 98(1)(b) section of the Strata Schemes Management Act 2015 (NSW), ss 86(2A), 103, 105 Uniform Civil Procedure Rules 2005 (NSW), rr 18.1, 41.3(1), 42.4, 55.11 Cases Cited: Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263 Re C & L Cameron Pty Limited [2012] NSWSC 676 Re Perpetual Trustees Company Limited; application of Chen (2010) 15 BPR 28, 845; [2010] NSWSC 808 Thomson v Golden Destiny Investments Pty Limited (2) [2015] NSWSC 1929 Texts Cited: Taylor P, E Elms E, Justice G Bellew and M Meek, Ritchie's Uniform Civil Procedure NSW (Looseleaf, LexisNexis) Category: Principal judgment Parties: Council of the City of Sydney (Plaintiff) Owners' Corporation Strata Plan No 46528 (Second Interested Party) Baboon Pty Limited (Third Interested Party) Representation: Counsel: No appearance (Plaintiff) Mr W Khoury, Solicitor (Second Interested Party) Mr D Legg, Solicitor (Third Interested Party)