Owners Strata Plan 80877 v Lannock Capital 2 Pty Ltd (No 2) [2024] NSWSC 618

Supreme Court New South Wales

Medium Neutral Citation: Owners Strata Plan 80877 v Lannock Capital 2 Pty Ltd (No 2) [2024] NSWSC 618 Hearing dates: On the papers Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: At [46] Catchwords: COSTS — Party/Party — Orders when proceedings involve multiple parties — Whether some defendants should be considered "interveners" — Whether plaintiff ought to pay the costs of those defendants – Whether plaintiff capitulated COSTS — Party/Party — Court's discretion — Where two dominant issues arose during the proceedings — Where plaintiff unsuccessful on first issue — Where second issue arose due to a controversy as between some defendants — Where plaintiff "agnostic" as to outcome of second issue — Where first defendant agitated for a particular outcome — Where first defendant would have failed if orders had to be made in relation to the second issue — Whether first defendant ought to bare the costs of the other relevant defendants in relation to the second issue Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Strata Schemes Development Act 2015 (NSW), s 136 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Kumaran v Employsure Pty Ltd (No 2) [2022] NSWCA 247 Polo/Lauren Company LP v Ziliani Holdings Pty Ltd (No 2) [2009] FCAFC 5 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 The Owners – Strata Plan No 80877 v Lannock Capital 2 Pty Ltd [2023] NSWSC 1401 Texts Cited: Nil Category: Costs Parties: The Owners – Strata Plan No 80877 (Plaintiff) Lannock Capital 2 Pty Ltd (First Defendant) Mr Anthony Stevens (Second Defendant) Commonwealth Bank of Australia (Third Defendant) Another Bucket of Worms Pty Ltd (Fourth Defendant) Westpac Banking Corporation (Fifth Defendant) Australia and New Zealand Banking Group (Sixth Defendant) Macquarie Bank Limited (Seventh Defendant) National Australia Bank Limited (Eighth Defendant) AFSH Nominees Pty Ltd (Ninth Defendant) Representation: Counsel: M Castle (Plaintiff) D Sulan SC, J Mee and S Hoare (First Defendant) M Rivette (Second Defendant) W Hall (Third Defendant) S Robertson SC and D Allen (Fourth Defendant) M Collins (Sixth Defendant) H Lenigas (Fifth, Eighth and Ninth Defendants)