Tabachnik v Owners Corporation Strata Plan 18597 [2012] NSWLEC 203

Land and Environment Court New South Wales

Medium Neutral Citation: Tabachnik v Owners Corporation Strata Plan 18597 [2012] NSWLEC 203 Decision date: 03 September 2012 Jurisdiction: Class 3 Before: Sheahan J Decision: The court orders that: (1)The applicants have leave to amend their class 3 application and their Statement of Facts and Contentions as outlined in the drafts submitted with their Notice of Motion of 20 August and/or the draft of the said Statement of Facts and Contentions handed up in court today. (2) The applicants pay the respondent's costs thrown away as a direct and usual consequence of the amendments for which leave is granted. (3) The respondent's costs of the s 34 process conducted on 27 July 2012 are excluded from Order 2, and specifically reserved. (4) The costs of today's hearing are also reserved. (5) Liberty is granted to the parties to restore the matter to the List Judge's list after the applicants' Notice of Motion listed before the Supreme Court on 4 September is determined. Catchwords: PRACTICE AND PROCEDURE: application to amend - respondent consents but insists on costs as a condition of that consent - whether costs can include costs of a s 34 conference - imminent consideration of joining these with related Supreme Court proceedings Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Hill v Higgins [2012] NSWSC 270 Wherry v Trustees of the Sisters of Charity OF Australia [2000] NSWLEC 252; (2000) 111 LGERA 216 Category: Procedural and other rulings Parties: Martin Tabachnik and Michelle Tabachnik (Applicants) Owners Corporation Strata Plan 18597 (Respondent) Representation: Mr C Ireland (Applicants) Mr D Neggo (Respondent) Gerald Aronstan (Applicants) David Le Page Solicitor (Respondent) File Number(s): 30428 of 2012