Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 (No 2) [2021] NSWSC 43

Supreme Court New South Wales

Medium Neutral Citation: Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 (No 2) [2021] NSWSC 43 Hearing dates: On the papers Date of orders: 4 February 2021 Decision date: 04 February 2021 Jurisdiction: Equity Before: Darke J Decision: See paragraphs [23] and [24]. Catchwords: COSTS — departure from the general rule – offers of compromise – whether offers comply with UCPR r 20.26 – offers made jointly to plaintiffs bringing separate causes of action – offers held not to comply with UCPR r 20.26 – not unreasonable of either plaintiff to fail to accept offers – indemnity costs not ordered COSTS – where parties have had some success and otherwise failed – overlapping claims – degree of overlap between claims of one plaintiff and cross-claim – whether appropriate to treat those costs as if they were costs of a single proceeding – whether certain issues between first plaintiff and defendant are clearly separable – appropriate to make costs orders based on success on those issues – where neither the second plaintiff nor the defendant should be regarded as the successful party against the other – order that those parties bear their own costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98. Uniform Civil Procedure Rules 2005 (NSW), r 20.26(2)(c), 42.15, 42.15A Cases Cited: Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2020] NSWSC 1505 Sahade v Bischoff (No 2) [2016] NSWCA 45 Category: Costs Parties: Australia City Properties Management Pty Limited (First Plaintiff/Cross-Defendant) Bo Yun Wang (Second Plaintiff) The Owners - Strata Plan No. 65111 (Defendant/Cross-Claimant) Representation: Counsel: Mr N J Kidd SC with Mr S R Meehan (Plaintiffs/Cross Defendant) Mr O R Jones (Defendant/Cross-Claimant)