The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd (No 2) [2014] NSWSC 595

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd (No 2) [2014] NSWSC 595 Hearing dates: In chambers Decision date: 16 May 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The defendants to pay the plaintiff's costs of the proceedings as agreed or assessed. 2. For the purpose of this costs order, the 2nd to 5th defendants are to be treated as one defendant. 3. The defendants be granted a certificate under the Suitors' Fund Act in relation to the costs of the proceedings if otherwise qualified. Catchwords: COSTS - whether costs should depart from the general rule costs as agreed or assessed - defendants treated as one defendant - Suitors' Fund Act 1951 - certificate granted Legislation Cited: Home Building Act 1989 (NSW) Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Burringbar Real Estate Centre Pty Limited v Anthony John Ryder & Ors [2008] NSWSC 891 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd [2014] NSWSC 347 Category: Costs Parties: The Owners - Strata Plan No. 70030 (Plaintiff) Decon Australia Pty Ltd ACN 078 021 333 (First Defendant) Eissa Soliman Tadros (Second Defendant) Afaf Aziz (Third Defendant) Shawki Hanna Gad (Fourth Defendant) Lily Aziz Gad (Fifth Defendant) Representation: Counsel: Mr I George (Plaintiff) Mr T Davie (Second to Fifth Defendants) Solicitors: Spinks Elphick Ho (Plaintiff) Uther Webster & Evans (First Defendant) Peter Merity Solicitor Pty Ltd (Second to Fifth Defendants) File Number(s): 2013/84320 Publication restriction: None