Gong v The Owners – Strata Plan 44560 [2023] NSWSC 157

Supreme Court New South Wales

Medium Neutral Citation: Gong v The Owners – Strata Plan 44560 [2023] NSWSC 157 Hearing dates: On the papers Decision date: 27 February 2023 Jurisdiction: Equity - Real Property List Before: Peden J Decision: 1) The Plaintiffs are granted leave to discontinue the proceedings. 2) The parties are to pay their own costs of the proceedings. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Where specific performance of agreement granting easement and alternatively s 88K relief sought — Where after commencement easement lodged by consent — Where defendant servient owner was unresponsive to plaintiffs' correspondence prior to commencement — Where no evidence of terms of consent to easement – Where no consent terms for dismissal or discontinuance of proceedings or costs Legislation Cited: Conveyancing Act 1919 (NSW) s 88K Civil Procedure Act 2005 (NSW) s 98 Uniform Civil Procedure Rules 2005 (NSW) rr 42.19, 42.20 Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Newcastle Wallsend Coal Co Pty Ltd v Industrial Relations Commission of NSW [2006] NSWCA 129 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681 Re the Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Studholme v Rawson (2020) 102 NSWLR 490 Category: Costs Parties: Long Yao Gong (First Plaintiff) Yun Fang Zhang (Second Plaintiff) The Owners – Strata Plan 44560 (Defendant) Representation: Counsel: J L Polese (Plaintiffs)