Brenchley v The Owners – Strata Plan No 80609 [2022] NSWSC 646

Supreme Court New South Wales

Medium Neutral Citation: Brenchley v The Owners – Strata Plan No 80609 [2022] NSWSC 646 Hearing dates: On the papers Date of orders: 23 May 2022 Decision date: 23 May 2022 Jurisdiction: Equity Before: Robb J Decision: The Court makes no order as to the costs of any party to these proceedings, with the intent that the plaintiffs and the second defendant should bear their own costs of the proceedings. Catchwords: COSTS — party/party — general rule that costs follow the event — Court orders termination of strata scheme and winding-up of owners corporation — numerous appearances in Supreme Court and New South Wales Civil and Administrative Tribunal — parties achieve compromise in fact with assistance of Court and compulsory manager — application of principles in Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 — no order as to costs Legislation Cited: Corporations Act 2001 (Cth), s 472 Strata Schemes Development Act 2015 (NSW), ss 135, 136 Cases Cited: Brenchley v Clissold [2021] NSWCATAP 319 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Anthony Reginald James Brenchley (First Plaintiff) Mark Lambell (Second Plaintiff) Jenny Lambell (Third Plaintiff) Adam Severin (Fourth Plaintiff) Ann Marie Connery (Fifth Plaintiff) The Owners – Strata Plan No 80609 (First Defendant) Keith Barry Clissold (Second Defendant) Representation: Counsel: D Sulan SC/B Yin (Plaintiffs) T Davie (First Defendant) T Rollo (Second Defendant)