Xabregas v The Owners - Strata Plan No. 79205; Moallem v Consumer, Trader and Tenancy Tribunal & Ors (No. 3) [2014] NSWSC 1338

Supreme Court New South Wales

Medium Neutral Citation: Xabregas v The Owners - Strata Plan No. 79205; Moallem v Consumer, Trader and Tenancy Tribunal & Ors (No. 3) [2014] NSWSC 1338 Hearing dates: Submissions received 13, 15, 20, 27, 28 and 29 August 2014 Decision date: 30 September 2014 Jurisdiction: Equity Division Before: White J Decision: Refer to para [26] of judgment. Catchwords: COSTS - exceptions to the general rule that costs follow event - partial success - apportionment - costs of two notices of motion that related to previous costs orders - no leave granted to re-open issues dealt with in previous judgments Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 Supreme Court Act 1970 Strata Schemes Management Act 1996 Strata Schemes (Freehold Development) Act 1973 Cases Cited: Moallem v Consumer, Trader and Tenancy Tribunal & Ors [2013] NSWSC 1700 Xabregas v The Owners - Strata Plan 79205 and Moallem v Consumer, Trader and Tenancy Tribunal & Ors (No. 2) [2014] NSWSC 1027 Category: Costs Parties: Benvinda Aura Nunes Xabregas (Plaintiff 2011/244426; 4th Defendant 2013/327776) Owner's Corporation, SP 79205 (Defendant 2011/244426; 2nd Defendant 2013/327776) Susan Moallem (Plaintiff 2013/327776) Consumer, Trader and Tenancy Tribunal (1st Defendant 2013/327776) Luiz Marcos (3rd Defendant 2013/327776) Westpac Banking Corporation (5th Defendant 2013/327776) Representation: Counsel: In Person (Dr Xabregas) D Radman, sol'r (Owners Corporation) M A Friedgut (Ms Moallem) K Fraser (Westpac) P Silver (Progressive Strata Services Pty Ltd) C Fini (2nd Cross-Defendant on Cross-Summons - Owners Corporation) Solicitors: ACA Lawyers (Plaintiff) Crown Solicitor (1st Defendant) Grace Lawyers (2nd Defendant) Bannermans Lawyers (2nd Cross-Defendant) File Number(s): 2011/244426; 2013/327776