Despot v Registrar General of NSW (No 3) [2016] NSWSC 1142

Supreme Court New South Wales

Medium Neutral Citation: Despot v Registrar General of NSW (No 3) [2016] NSWSC 1142 Hearing dates: 9 August 2016 Decision date: 18 August 2016 Before: Ball J Decision: 1. The plaintiff pay the third, fourth and seventh defendants' costs of and incidental to the notice of motion filed on 6 May 2014 by the plaintiff;

2. The third and seventh defendants pay the plaintiff's costs of and incidental to the notice of motion filed on 30 June 2014 by the third and seventh defendants;

3. The plaintiff pay the fourth defendant's costs of and incidental to the notice of motion filed on 1 July 2014 by the fourth defendant;

4. The third, fourth and seventh defendants pay to The Owners – Strata Plan 4542 all outstanding strata levies in respect of Lots 7, 24 and 25 in Strata Plan 4542 in relation to the period from 1 January 2009 to date together with any interest owing in respect of those levies;

5. The notice of motion filed by the plaintiff on 26 September 2012 seeking an order that Local Court Proceedings No 2012/218104 be transferred to the Supreme Court be dismissed;

6. The third, fourth and seventh defendants pay the plaintiff's costs of and incidental to the notices of motion filed on 26 September 2012 by the plaintiff. Catchwords: COSTS – whether Court at first instance has power to make a costs order in proceedings which have been the subject of an appeal Cases Cited: Boland v Dillon; Cush v Dillon [2015] NSWCA 183 Forge & Ors v Australian Securities & Investments Commission [No 2] [2007] NSWCA 42; (2007) 69 NSWLR 575 Despot v Registrar General of NSW [2014] NSWSC 1002 Despot v Registrar General of NSW; Dlakic trading as Johnston Vaughn Solicitors v Despot [2014] NSWSC 1303 Despot v Registrar General of New South Wales [2016] NSWCA 5 Category: Costs Parties: Ranko Despot (Plaintiff) Stelli Pty Ltd (Third Defendant) Westpac Banking Corporation (Fourth Defendant) Joyce Azzi (Seventh Defendant) Representation: Counsel: J Hewitt (Plaintiff) A Leopold SC (Fourth Defendant)