THE OWNERS - STRATA PLAN No 64972 v RINBAC PTY LTD [2009] NSWSC 745

New South Wales Supreme Court

CITATION : THE OWNERS - STRATA PLAN No 64972 v RINBAC PTY LTD [2009] NSWSC 745

HEARING DATE(S) : 9 & 10 February 2009

JUDGMENT DATE : 31 July 2009

JURISDICTION : Equity

JUDGMENT OF : McCallum J

1. The appeal against the decision of the Magistrate given on 17 March 2008 is dismissed. DECISION : 2. In respect of the decision of the Magistrate given on 5 May 2008, the order of the Magistrate is varied so as to require the Owners Corporation to pay Rinbac's costs of Rinbac's claims on the ordinary basis and Rinbac to pay the Owners Corporation's costs of its cross-claim, also on the ordinary basis. 3. I will hear the parties as to costs.

Local Courts Act 1982 LEGISLATION CITED : Strata Schemes Management Act 1996 Strata Titles Act 1973

CATEGORY : Principal judgment

Australian Broadcasting Tribunal v Bond [1990] HCA 15; (1990) 170 CLR 321 Crown Glass and Aluminium Pty Ltd v Ibrahim [2005] NSWCA 195 Federal Commissioner of Taxation v Sara Lea Household and Body Care (Aust) Pty Ltd [2000] HCA 35; (2000) 201 CLR 520 Gurr v Robinson (Court of Appeal, 10 February 1986, (unreported) CASES CITED : Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Powercoal Pty Ltd and Foster v Industrial Relations Commission of NSW and Morrison [2005] NSWCA 345; (2005) 64 NSWLR 409 The Owners - Strata Plan No 51487 v Broadsand Pty Ltd [2002] NSWSC 770 The Owners Strata Plan No 56443 v Regis Towers Real Estate Pty Limited [2003] NSWCA 274 The Owners Strata Plan 61643 v183 On Kent Management Pty Limited [2007] NSWSC 281