The Owners - Strata Plan 64415 v Serman [2017] NSWSC 806

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 64415 v Serman [2017] NSWSC 806 Hearing dates: 22 February 2017 Date of orders: 16 June 2017 Decision date: 20 June 2017 Jurisdiction: Common Law Before: Walton J Decision: The conclusions reached together with the order, proposed orders and directions (save for minor adjustments made with respect to the directions in (3) and (4) below) made by the Court on 16 June 2017 were as follows:

(1) Having regard to my findings as to the threshold question and the assessment of discretionary factors, I make an order that the plaintiff provide security for the first and second defendants' costs in the sum of $180,000. I also propose to make orders for the stay of the proceedings until the security is provided by the plaintiff and, further, orders under s 90 of the Act of the kind proposed by the first defendant in the amended notice of motion (noting that the first defendant proposed alternative orders in that respect).

(2) Upon this ruling the defendants should, in the ordinary course, have a favourable costs order for the motions. However, I will reserve to the parties an opportunity to make submissions in relation to that question in the directions below.

(3) The defendants shall bring in short minutes of order by 23 June 2017 in conformity with this judgment. The orders should be accompanied by a note identifying whether there exists any dispute as to the proposed orders.

(4) In the event of there being no dispute as to the proposed orders, and subject to the satisfaction of the Court as to the terms of the same, the Court will make the orders administratively in Chambers. In the event of a dispute as to the form of the orders, the Court shall make directions for the disposition of that dispute.