Trentelman v The Owners - Strata Plan 76700 (No 3); The Owners - Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578

Supreme Court New South Wales

Medium Neutral Citation: Trentelman v The Owners - Strata Plan 76700 (No 3); The Owners - Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578 Hearing dates: 30 March; 6 April 2021; further written submissions ending 26 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Equity - Real Property List Before: Parker J Decision: See [48] Catchwords: COSTS – party/party – claim based on alleged promises about future access to property – where plaintiff did not fully articulate a claim for proprietary estoppel before oral opening submissions and defendant obtained adjournment – where plaintiff ultimately succeeded on basis of proprietary estoppel – plaintiff ordered to pay costs thrown away by reason of the adjournment – defendant ordered to pay plaintiff's general costs of the proceedings COSTS – party/party – claim by plaintiff for rectification of instrument by removal of notation – cross-claim by defendant for rectification of instrument – claim and cross-claim dismissed – Smith v Madden (1946) 73 CLR 129 – plaintiff ordered to pay defendant's costs apart from those solely referable to bringing cross-claim – defendant ordered to pay plaintiff's costs solely referable to defence of cross-claim Legislation Cited: Real Property Act 1900 (NSW), s 12 Cases Cited: Beoco v Alfa Laval Co Ltd [1995] QB 137 Medway Oil & Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Saleh v Romanous (2010) 79 NSWLR 453 Smith v Madden (1946) 73 CLR 129 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Category: Costs Parties: 2018/312426 Natalia Trentelman (Plaintiff/Cross-Defendant) The Owners - Strata Plan 76700 (First Defendant/Cross-Claimant) Registrar-General, New South Wales (Second Defendant)