The Owners - Strata Plan No. 44999 v Premier Holdings Corp Pty Limited and Gregg Ritchie and Partners Pty Limited (No 2) [2012] NSWSC 303

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No. 44999 v Premier Holdings Corp Pty Limited and Gregg Ritchie and Partners Pty Limited (No 2) [2012] NSWSC 303 Hearing dates: 8 February 2012 Decision date: 30 March 2012 Jurisdiction: Equity Division Before: Black J Decision: Orders made in accordance with Short Minutes of Order, as agreed by the parties, to give effect to judgment. Orders made as to costs. Catchwords: COSTS - Court's discretion as to costs under s 98(1) of Civil Procedure Act 2005(NSW) - Whether there is a reason to depart from the usual order as to costs under r 42.1 of Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: - Auctioneers and Agents Act 1941 (NSW) - Civil Procedure Act 2005 (NSW) s 98(1) - Conveyancing Act 1919 (NSW) ss 12, 88B - Property, Stock and Business Agents Act 1941 (NSW) - Strata Titles Act 1973 (NSW) s 78(1AA) - Uniform Civil Procedure Rules 2005 (NSW) r 41.1 Cases Cited: - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Texts Cited: - G E Dal Pont, Law of Costs, 2 ed, 2009 Category: Costs Parties: The Owners - Strata Plan No 44999 (Plaintiff) Premier Holdings Corp Pty Limited (First Defendant) Gregg Ritchie & Partners Pty Limited (Second Defendant) Representation: Counsel: G. Sirtes SC/P. Lane (Plaintiff) R. Brender/A. Ahmad (Second Defendants) Solicitors: Robinson & Davies Pty Limited (Plaintiff) A I Legal (Defendants) File Number(s): 10/337148