Abbott -V- Proprietors Strata Plan 46094 [1999] NSWLEC 140

Land and Environment Court of New South Wales CITATION: Abbott -V- Proprietors Strata Plan 46094 [1999] NSWLEC 140

PARTIES APPLICANT: Abbott

RESPONDENT: Proprietors Strata Plan 46094

NUMBER: 40227 of 1998

CORAM: Bignold J

KEY ISSUES: Costs :- Class 4 proceedings not requiring an adjudication on the merits because subject matter of the claim has ceased to exist. Whether Applicant entitled to costs

LEGISLATION CITED: Land and Environment Court Act 1979: s 69 Land and Environment Court Rules 1996 Pt 15 r 7

DATES OF HEARING: 04/30/1999

EX TEMPORE JUDGMENT DATE: 04/30/1999

APPLICANT: Mr D.R. Parry, Barrister SOLICITORS: Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT: Mr D. Kunde, Secretary to the Body Corporate, as Agent SOLICITORS: N/A

JUDGMENT: IN THE LAND AND Matter No. 40227 of 1998 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 30 April 1999

ABBOTT

Applicant

v.

PROPRIETORS OF STRATA PLAN 46094

Respondent

JUDGMENT

Bignold J:

1. This is an application for costs in class 4 proceedings brought by the Applicant against the Respondent being the Proprietors of Strata Plan 46094 which comprises a residential flat building premises known as 13-15 Sutherland Crescent, Darling Point.