The Owners - Strata Plan 6877 v 2-4 Lachlan Avenue Pty Ltd; The Owners - Strata Plan 6666 v Kahu Holdings Pty Ltd Respondent (No 2) [2018] NSWLEC 174

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 6877 v 2-4 Lachlan Avenue Pty Ltd; The Owners - Strata Plan 6666 v Kahu Holdings Pty Ltd Respondent (No 2) [2018] NSWLEC 174 Hearing dates: 23 August 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Class 3 Before: Moore J Decision: See [14] and [16] Catchwords: COSTS - application for lodgement of security with Court - strata redevelopment scheme - statutory entitlements of a dissenting owner to reasonable costs - impecuniosity of applicant strata plans - proposal for entity standing behind redevelopment purchaser to give guarantee by deed of support - timing of deed - contingent order for security for costs made Legislation Cited: Land and Environment Act 1979, s 34 Strata Schemes Development Act 2015, s 188(1)(a) Uniform Civil Procedure Rules 2005, Pt 42 r 21 Cases Cited: LRSM Enterprise Pty Ltd v Zurich Australian Insurance Limited [2014] NSWCA 88 The Owners - Strata Plan 6666 v GSA Australia Acquisition No 2 Pty Ltd and Kahu Holdings Pty Ltd; The Owners - Strata Plan 6877 v GSA Australia Acquisition No 2 Pty Ltd and 2-4 Lachlan Avenue Pty Ltd [2018] NSWLEC 115 Category: Costs Parties: The Owners - Strata Plan 6666 (Applicant in Matter No 384761 of 2017 and First Respondent on the motion in this matter) The Owners - Strata Plan 6877 (Applicant in Matter No 384700 of 2017 and First Respondent on the motion in this matter) GSA Australia Acquisition No 2 Pty Ltd (First Respondent in both matters and Second Respondent on the motions) Kahu Holdings Pty Ltd (Second Respondent in Matter No 384761 of 2017 and Applicant on the motion in this matter) 2-4 Lachlan Avenue Pty Ltd (Second Respondent in Matter No 384700 of 2017 and Applicant on the motion in this matter) Representation: Counsel: Mr S Nash, barrister (Applicant in both matters and First Respondent on the motions) Mr I Hemmings SC (First Respondent in both matters and Second Respondent on the motions)