Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 (No 2) [2021] NSWCA 331

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 (No 2) [2021] NSWCA 331 Hearing dates: On the papers Decision date: 21 December 2021 Before: Bathurst CJ at [1]; Payne JA at [20]; McCallum JA at [21] Decision: (1) Set aside Orders 1(a) and 1(b) made by the primary judge on 4 February 2021 and in lieu thereof, order the defendant pay 80 per cent of the first plaintiff's costs. Catchwords: COSTS – party/party – appeals – whether the respondent should pay its costs of the proceedings in the court below – whether there should be no order as to costs – where the primary judge's conclusions in favour of the respondent on some issues was upheld Cases Cited: Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2021] NSWCA 162 Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2020] NSWSC 1505 Category: Costs Parties: Australia City Properties Management Pty Limited (ACN 093 915 738) (Appellant) The Owners – Strata Plan No 65111 (Respondent) Representation: Counsel: S R Meehan (Appellant) O R Jones (Respondent)

Solicitors: Harris Freidman Lawyers (Appellant) Barry Nilsson Lawyers (Respondent) File Number(s): 2020/335290 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2020] NSWSC 1505 Date of Decision: 28 October 2020 Before: Darke J File Number(s): 2019/257962