The Owners – Strata Plan 21702 v Krimbogiannis (No 2) [2015] NSWCA 39

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Owners – Strata Plan 21702 v Krimbogiannis (No 2) [2015] NSWCA 39 Hearing dates: On papers; 2 February 2015 Decision date: 09 March 2015 Before: Basten JA; Macfarlan JA; Meagher JA Decision: (1)Dismiss the fifth respondent's motion dated 19 December 2014. (2)Dismiss the applicant's application for costs of the motion. Catchwords: COSTS – judicial review proceedings - costs sought by a respondent who submitted to the orders save as to costs – motion filed after costs order issued – respondent did not pursue the motion - applicant applied for the respondent to bear the costs of the motion –motion and application dismissed – warning about legal representatives' duties under s 56 of the Civil Procedure Act 2005 (NSW) when applying to the Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 Category: Costs Parties: The Owners – Strata Plan No 21702 (Applicant) Arthur Krimbogiannis (First Respondent) Andrew Krimbogiannis (Second Respondent) Connie Krimbogiannis (Third Respondent) District Court of NSW (Fourth Respondent) Fallshaw (Investments) Pty Ltd (Fifth Respondent) Representation: Counsel: Mr P Glissan (Applicant on the motion/Fifth Respondent)

Solicitors: Le Page Lawyers (Applicant) Konstan Lawyers (First to Third Respondents) Crown Solicitor's Office (Fourth Respondent) Blake Lawyers (Applicant on the motion/Fifth Respondent) File Number(s): CA 2013/277696 Decision under appeal Court or tribunal: District Court Citation: The Owners – Strata Plan 21702 v Krimbogiannis [2013] NSWDC 72 Date of Decision: 28 May 2013 Before: Levy DCJ File Number(s): 2012/126027