NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kladis v Lowe (No 4) [2017] NSWSC 1259 Hearing dates: 6 September 2017 Date of orders: 19 September 2017 Decision date: 19 September 2017 Jurisdiction: Equity - Real Property List Before: Beech-Jones J Decision: First and second defendants to pay one-third of the plaintiff's costs of the proceedings. Catchwords: COSTS – dispute over whether easement allows dominant tenement owner to lodge Development Application for construction of a driveway – plaintiff succeeded on question of principle but defendants had some success in resisting relief – no question of principle Legislation Cited: Civil Procedure Act 2005, s 98(1) Uniform Civil Procedure Rules 2005, rr 42.1, 42.14 Cases Cited: Baker v Towle [2008] NSWCA 73 Cooper v Mulcahy; Mulcahy v Cooper (No 2) [2013] NSWCA 216 Kladis v Lowe [2016] NSWSC 1834 Kladis v Lowe [2017] NSWSC 249 Kladis v Lowe (No 3) [2017] NSWSC 815 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd (No 2) [2014] NSWCA 391 Category: Costs Parties: Andrew Kladis (Plaintiff) Karen Lowe (First Defendant) Owners Corporation in Strata Plan 30459 (Second Defendant) Representation: Counsel: DE Grieve QC (Plaintiff) P Tomasetti SC (Defendants)
Solicitors: Hones Lawyers (Plaintiff) Mills Oakley (Defendants) File Number(s): 2014/172551
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