Tan v The Owners Strata Plan 22014 (No 3) [2016] NSWSC 896

Supreme Court New South Wales

Medium Neutral Citation: Tan v The Owners Strata Plan 22014 (No 3) [2016] NSWSC 896 Hearing dates: On the papers Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Equity Before: Robb J Decision: See par 34 and 35 Catchwords: COST ORDERS – third defendant sought indemnity from the first defendant owners corporation for her costs of the proceedings – first defendant was not initially capable of opposing plaintiffs' application for leave to take proceedings in the name of the first defendant – court of its own motion joined the third defendant as a party to plaintiffs' application – exceptional circumstances – principles of justice and fairness considered – court had already ordered the first defendant to indemnify the plaintiffs for their costs HELD court exercised discretion as to costs under Civil Procedure Act 2005 (NSW), s 98 – first defendant to pay third defendant indemnity costs properly related to the third defendant responding to the plaintiffs' application Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Oates v Consolidated Capital Services Ltd [2009] NSWCA 183; (2009) 76 NSWLR 69 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6 Tan v The Owners Strata Plan 22014 (No 2) [2015] NSWSC 1920 Owners Strata Plan No 68372 v Allianz Australia Insurance Ltd (No 2) [2015] NSWSC 729 Wallersteiner v Moir (No 2) [1975] QB 373 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Patrick Tian Teng Tan (first plaintiff) Ian Paterson Walters (second plaintiff) Rose Sok Kio Tan (third plaintiff) Owners Corporation Strata Plan No 22014 (first defendant) Whelan Property Group Pty Ltd (second defendant) Janette Daisy Porter (third defendant) Representation: Counsel: N Cotman SC (plaintiffs) D Russell (solicitor) (first and second defendants) D Hand (third defendant)