The Owners Strata Plan No 56059 v MI-OK Pty Limited [2007] NSWLC 31

Local Court of New South Wales

CITATION: The Owners Strata Plan No 56059 v MI-OK Pty Limited [2007] NSWLC 31 JURISDICTION: Civil PARTIES: The Owners Strata Plan No 56059 MI-OK Pty Limited FILE NUMBER: 816/07 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 12/14/2007 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Recovery of contributions Section 80 of Strata Schemes Management Act – whether recovery of expenses prevented by Anshun estoppel principle – whether legal costs of recovering contributions under Sec 80 have to be included in same action – whether separate claim can be brought to recover solicitor/client costs from previous action – are costs of defending cross claim recoverable as costs incurred in recovering contributions. LEGISLATION CITED: Strata Schemes Management Act 1996 Section 80(1) Coshott v The Owners Strata Plan No 48892 (2006) NSWSC 308 Owners of Strata Plan No 63800 v Wolfe & Anor & Anor (2002) NSWSC 2004 CASES CITED: Proprietors Units Plan No 52 v Gold (1993) 44 FCR 123. The Owners Strata Plan No 62568 v Rowntree Properties Pty Ltd (Unreported Local Court Downing Centre Magistrate Eons 29.8.02) Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 259 Plaintiff's Solicitor: KM Harkness & Co Plaintiff's Counsel: Mr D.M. Bernie

REPRESENTATION:

Defendant's Solicitors: Leon Ratner & Associates Defendants' Counsel: Mr J. O'Sullivan ORDERS: I make the following orders:; 1. There will be judgment in favour of the Plaintiff in the sum of $7,166.86.; 2. The Defendant is ordered to pay interest on the judgment in the sum of $1,889.92 calculated to 1 February 2007 and from that date to be calculated by the Registrar in accordance with the Act.