The Owners Strata Plan No 68976 v Nicholls (No 2) [2018] NSWSC 471

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan No 68976 v Nicholls (No 2) [2018] NSWSC 471 Hearing dates: Written Submissions Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Common Law Before: Rothman J Decision: In addition to orders dated 6 March 2018, the Court further orders:

(5) Any costs payable by the plaintiff under Order 3 made on 6 March 2018 are to be paid from contributions levied in relation to Lots other than Lot 1, in shares proportional to the unit entitlements of the respective Lots other than Lot 1, except insofar as the costs are indemnified by Parridale Pty Ltd;

(6) Any costs of the plaintiff incurred in these proceedings are not payable in any part by the defendants and no such costs may be paid from any administrative fund, sinking fund or capital works fund held by or on behalf of the plaintiff. Catchwords: COSTS – dispute in Strata Scheme – operation of s 90 of Strata Schemes Management Act 2015 (NSW) – undertaking to indemnity costs to Lot Owners by one Lot owner as basis for plaintiff's actions – orders made preventing defendant from contributing to plaintiff's costs in capacity as Lot Owner. Legislation Cited: Strata Schemes Management Act 2015 (NSW), s 90 Category: Costs Parties: The Owners Strata Plan No 68976 (Plaintiff) Blair Milton Nicholls (First Defendant) Liesel Von Molendorff (Second Defendant) Representation: Counsel: J O'Connor (Plaintiff) K Rees SC (Defendants)

Solicitors: Harris & Harris Solicitors (Plaintiff) Jane Crittenden Lawyer (Defendants) File Number(s): 2016/239839