The Owners – Strata Plan No. 13631 v McGrath (No 2) [2017] NSWSC 163

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No. 13631 v McGrath (No 2) [2017] NSWSC 163 Hearing dates: 21 October 2016 Decision date: 01 March 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Each party is to bear its own costs of the proceedings. (2) Mr McGrath is to pay the Owners Corporation's costs of this application assessed on the ordinary basis. Catchwords: COSTS – where Owners Corporation filed summons seeking judicial review of orders made by NCAT member – where parties agreed as to appropriate orders prior to hearing – whether offer made by Owners Corporation to settle proceedings was "mixed", such that r 42.13A of the UCPR does not apply – finding that the offer was a mixed offer – exercise of general discretion – appropriate that each party bear its own costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 83(2) Civil Procedure Act 2005 (NSW), ss 56, 60, 98 Suitors Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.13A Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 El-Debel v Secretary, Department of Immigration and Border Protection (2014) 141 ALD 611; [2014] FCA 474 Johnston v Johnston [2016] NSWCA 52 Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 at [28] Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 The Owners - Strata Plan No. 13631 v McGrath (No 1) [2016] NSWSC 1929 Whitney v Dream Developments Pty Ltd (2013) 84 NSWLR 311; [2013] NSWCA 188 Category: Costs Parties: The Owners – Strata Plan No. 13631 (Plaintiff) Peter Anthony John McGrath (Defendant) Representation: Counsel: Mr D Knoll (Plaintiff) Ms B Tronson (Defendant)