Ko v CKAS Enterprises Pty Ltd (No 2) [2019] NSWSC 209

Supreme Court New South Wales

Medium Neutral Citation: Ko v CKAS Enterprises Pty Ltd (No 2) [2019] NSWSC 209 Hearing dates: On the papers Decision date: 07 March 2019 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Declaration that the plaintiff/cross-defendant did not validly exercise the option to renew the lease (being Registered Lease xx) as assigned to the plaintiff pursuant to Transfer of Lease xx ("the Lease") of the property being Lot 11 in DP xx 31 known as xx xx Street Lidcombe NSW ("the Property") and consequently occupies the Property as a monthly tenant pursuant to cl 12.4 of Annexure B to the Lease.

2. Declaration that the defendant/cross-claimant is estopped from exercising its rights to give notice under cl 12.4 of the Lease terminating the monthly tenancy of the plaintiff/cross-defendant unless it first pays to the plaintiff/cross-defendant reasonable compensation for the costs incurred in obtaining the Complying Development Certificate and filing the summons in these proceedings, which is agreed and assessed at $47,661.00.

3. Order each party otherwise to bear its own costs of both the summons and the cross-claim.

4. Order that the cross-claim is otherwise dismissed. Catchwords: COSTS – costs of cross-claim – offer of compromise made one day before hearing due to commence – offer of compromise rejected – better outcome than offer achieved – result of cross-claim not that which either party sought – result of cross-claim reasonably characterised as a "draw" Cases Cited: Ko v CKAS Enterprises Pty Ltd [2018] NSWSC 1876 Category: Costs Parties: Kristen Yoon Sun Ko (Plaintiff/Cross Defendant) CKAS Enterprises Pty Ltd (Defendant/Cross Claimant) Representation: Counsel: