The Owners Strata Plan 65120 v Petty [2023] NSWLEC 122

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 65120 v Petty [2023] NSWLEC 122 Hearing dates: 10 August 2023 and 17, 22, 23 and 30 August 2023 (written submissions) Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Class 3 Before: Preston CJ Decision: The Court orders: (1) The applicant is to pay the reasonable costs of the proceedings of the first respondent as agreed or assessed. (2) There is to be no order as to the costs of the proceedings between the applicant and the second respondent, with the intention that each of these parties bear their own costs of the proceedings. (3) The applicant is not to levy a contribution for any part of the costs ordered by order 1 on the first respondent. Catchwords: Costs – strata renewal plan – application for an order giving effect to – discontinuance of proceedings – statutory provision that owners corporation pay dissenting owner's costs – otherwise order for costs sought Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) s 55 Strata Schemes Development Act 2015 (NSW) ss 154, 158(4)(b), 170(1), 174(1), 179, 180(1), 182(1), 182(4), 188(1) Strata Schemes Development Regulation 2016 cl 33(c) Strata Schemes Management Act 2015 (NSW) s 90(2) Uniform Civil Procedure Rules 2005 s 12.1(1)(b) Category: Costs Parties: The Owners Strata Plan 65120 (Applicant) Jonene Lesley Petty (First Respondent) 9-11 Nelson St Pty Ltd (Second Respondent) Representation: Counsel: Mr A Maroya (Applicant) Mr M Seymour (First Respondent) Mr G Sirtes SC and Dr E Dunlop (Second Respondent)