The Owners Corporation Strata Plan No 74667; 74670 and 74662 v Auburn City Council [2015] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: The Owners Corporation Strata Plan No 74667; 74670 and 74662 v Auburn City Council [2015] NSWSC 86 Hearing dates: 10 February 2015 Decision date: 17 February 2015 Before: Rein J Decision: See [23] Catchwords: EQUITY – Offer of compromise made pursuant to rule 20.26 of the Uniform Civil Procedure Rules- Offer not expressly stated to be costs to the time of the offer being made- Issue as to whether the offer should be taken to be to pay costs up to the time of making the offer or rather to the time of acceptance of the offer Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56, 87 ALJR 131 Lahoud v Lahoud [2011] NSWSC 1186 McWilliam v Integral Energy Australia [2010] NSWSC 254 Old v McInnes and Hodgkinson [2011] NSWCA 410 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Costs Parties: The Owners Corporation Strata Plan No 74667; 74670 and 74662 (Plaintiffs) Auburn City Council (First Defendant) Victor Shestopal (Second Defendant) Representation: Counsel: D.T Miller SC/L Byrne (Plaintiff) M White SC (First Defendant) H.J Neal (Second Defendant)

Solicitors: Turnbull Bowles Lawyers (Plaintiff) Norton Rose Fulbright (First Defendant) Colin Biggers & Paisley (Second Defendant) File Number(s): 2012/336489; 2012/365188; 2012/365176 Publication restriction: nil