Noon v The Owners - Strata Plan No. 22422 (No. 2) [2014] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: Noon v The Owners - Strata Plan No. 22422 (No. 2) [2014] NSWSC 1642 Hearing dates: On the papers Decision date: 19 November 2014 Jurisdiction: Equity Division Before: Darke J Decision: Second defendant to pay plaintiffs' costs of proceedings other than the costs of this application. No order for costs as between plaintiffs and first defendant. Catchwords: COSTS - successful plaintiffs seeking costs against a submitting defendant - whether conduct of submitting defendant made it necessary for plaintiffs to seek relief and incur costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(1) Retirement Villages Act 1999 (NSW) Strata Schemes Management Act 1996 (NSW) s 52 Uniform Civil Procedure Rules r 6.11(2) Cases Cited: Mahenthirarasa v State Rail Authority of New South Wales and Others (No 2) [2008] NSWCA 201; (2008) 72 NSWLR 273 Noon v The Owners - Strata Plan No. 22422 [2014] NSWSC 1260 Seller v Jones [2014] NSWCA 19 Category: Costs Parties: Gregory Brian Noon (first plaintiff) Matthew Jack Noon (second plaintiff)

The Owners - Strata Plan No. 22422 (first defendant) Bondi Beach Astra Retirement Village Pty Ltd (second defendant) Representation: Solicitors: Gilbert + Tobin (plaintiffs) J S Mueller & Co Solicitors (first defendant) McCooe Raves & Poole (second defendant) File Number(s): 2013/194959 Publication restriction: Nil