Strata Plan 94417 trading as The Owners-Strata Plan 94417 v TC Build [2021] NSWSC 1284

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 94417 trading as The Owners-Strata Plan 94417 v TC Build [2021] NSWSC 1284 Hearing dates: On the papers Decision date: 11 October 2021 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The first defendant's notice of motion filed on 26 August 2021 be dismissed with costs; (2) The second defendant's notice of motion dated 6 September 2021 be dismissed with costs. Catchwords: COSTS — Security for costs — Whether security should be ordered against an Owners Corporation Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Strata Schemes Management Act 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Wollongong City Council v Legal Business Centre Pty Limited [2012] NSWCA 245 Zenith Corp Australia Pty Ltd v Optus Mobile Pty Ltd [2020] NSWSC 1110 Category: Procedural rulings Parties: Strata Plan 94417 trading as The Owners-Strata Plan 94417 (Plaintiff) TC Build Pty Ltd (First Defendant) FPG Northbridge Pty Limited (Second Defendant) Fiducia Development Group Pty Ltd (Third Defendant) Representation: Counsel: P Folino-Gallo (Plaintiff) D Hand (First Defendant) D Byrne (Second Defendant)

Solicitors: Mayweathers (Plaintiff) Chedid Storey Legal (First Defendant) Paul Bard Lawyers (Second Defendant) File Number(s): 2020/355200