Buzrio Pty Limited v Consumer, Trader & Tenancy Tribunal (No 4) [2010] NSWSC 41

New South Wales Supreme Court

CITATION : Buzrio Pty Limited v Consumer, Trader & Tenancy Tribunal (No 4) [2010] NSWSC 41

HEARING DATE(S) : 7 December 2009

JUDGMENT DATE : 10 February 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The second, third and fourth defendant shall pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed;

(ii) The third defendant shall indemnify the plaintiff for any contribution required of it for any part of the costs of the second and fourth defendant by virtue of these orders or under any statutory or contractual right; DECISION : (iii) The plaintiff shall pay Alex Ilkin Pty Ltd's costs of and incidental to the application for costs in these proceedings, as agreed or assessed;

(iv) Otherwise the proceedings be dismissed.

CATCHWORDS : COSTS – certiorari against Tribunal – underlying internal dispute in strata scheme – costs of manager appointed irregularly – costs of plaintiff and indemnity against liability for costs

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

CATEGORY : Consequential orders

Buzrio Pty Limited v Consumer, Trader & Tenancy Tribunal [2009] NSWSC 836 CASES CITED : Buzrio Pty Ltd v Consumer, Trader and Tenancy Tribunal [No. 3] [2009] NSWSC 1132 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Mahenthirarasa v State Rail Authority of New South Wales (No 2) [2008] NSWCA 201; (2008) 72 NSWLR 273

Buzrio Pty Ltd (Plaintiff) Consumer, Trader & Tenancy Tribunal (First Defendant) PARTIES : Axiom Property Consulting Pty Ltd (Second Defendant) James Chan (Third Defendant) The Owners Corporation of Strata Plan 75633 (Fourth Defendant) Alex Ilkin Pty Ltd and Alex Ilkin (Respondents to application for costs)