Perpetual Corporate Trust Ltd v Owners Corporation SP6534; El Khouri v Owners Corporation SP6534 (No 2) [2024] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Ltd v Owners Corporation SP6534; El Khouri v Owners Corporation SP6534 (No 2) [2024] NSWSC 358 Hearing dates: On the papers Date of orders: 8 April 2024 Decision date: 08 April 2024 Jurisdiction: Equity Before: Elkaim AJ Decision: In proceedings 2018/93444 (Executors v Owners Corporation) it is ordered that: 1. Each party is to pay its own costs of the statement of claim. 2. The Executors are to pay the Owners Corporation's costs of the cross-claim. 3. The Executors are to pay the Owners Corporation $16,827.85 in respect of interest arising under the Strata Schemes Management Act 2015 (NSW). 4. The Executors are to pay the Owners Corporation the sum of $123,510.39 being interest on the sum of $450,369.37 already awarded to the Owners Corporation. 5. Noted that the amount payable under Order (3) above is a joint and several liability with Perpetual. In proceedings 2022/98817 (Perpetual v Owners Corporation) it is ordered that: 1. The Owners Corporation is to pay Perpetual's costs in respect of the statement of claim on an ordinary basis. 2. Each party is to pay its own costs of the cross-claim. 3. Perpetual is to pay the Owners Corporation $16,827.85 in respect of interest arising under the Strata Schemes Management Act 2015 (NSW). 4. Noted that the amount payable under Order (3) above is a joint and several liability with the Executors. Catchwords: COSTS – Costs assessment – Determination – Mixed results – Parties succeeding and failing in both claims and cross claims – Intent to find just and equitable costs solution to whole of the proceedings Legislation Cited: Strata Schemes Management Act 2015 (NSW), ss 85, 86(2A), 145(3), 149 Cases Cited: Calderbank v Calderbank [1976] Fam 93 James & Ors v Surf Road Nominees Pty Ltd & Ors (No 2) [2005] NSWCA 296 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Perpetual Corporate Trust Ltd v Owners Corporation SP6534; El Khouri v Owners Corporation SP6534 [2024] NSWSC 173) Category: Costs Parties: 2018/93444 Said El Khouri (aka Sid El Khouri) (First Plaintiff) Philippe Elkhouri (Second Plaintiff) Owners Corporation SP6534 (Defendant) Karam Elkhouri (Interested Party) 2022/98817 Perpetual Corporate Trust Ltd (Plaintiff) Owners Corporation SP6534 (Defendant) Representation: Counsel: 2018/93444 Mr H Altan (Plaintiffs) Mr D Byrne (Defendant) Mr A Sivanathan (Defendant) 2022/98817 Mr D Barnett (Plaintiff) Ms H Robinson (Plaintiff) Mr D Byrne (Defendant) Mr A Sivanathan (Defendant)