Eliezer v The Owners – Strata Plan No. 51682 [2020] NSWSC 1596

Supreme Court New South Wales

Medium Neutral Citation: Eliezer v The Owners – Strata Plan No. 51682 [2020] NSWSC 1596 Hearing dates: 05 November 2020 Date of orders: 05 November 2020 Decision date: 05 November 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 18 October 2020 by the plaintiff is dismissed; (2) The plaintiff is to pay the costs of the second to fourth defendants (inclusive); (3) The fifth to eleventh defendants (inclusive) are to pay their own costs of the Notice of Motion. Catchwords: JUDGMENTS AND ORDERS — Amending, varying and setting aside — application to set aside cost orders - whether orders were made "irregularly, illegally or against good faith" – Rule 36.15 – meaning of "against good faith" – notice of motion dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Eliezer v The Owners Strata Plan No 51682 [2017] NSWSC 278 Eliezer v The Owners - Strata Plan No 51682 and Ors [2017] NSWSC 581 Eliezer v The Owners Strata Plan No 51682 [2017] NSWSC 783 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 128 Perpetual Trustees Australia Limited v Heperu Pty Ltd (No.2) [2009] NSWCA 387; (2009) 78 NSWLR 190 Zakaria v Noyce [2012] NSWSC 981 Coles v Burke (1987) 10 NSWLR 429 Kendell v Carnegie [2006] NSWCA 302, (2006) 68 NSWLR 193 Texts Cited: Not Applicable Category: Principal judgment Parties: Supriya Eliezer (P) The Owners – Strata Plan No. 51682 (D) Representation: Counsel: Self-represented A Spencer (D2-4) J Li (D5-11)