The Owners – Strata Plan 94623 v Taouk [2019] NSWSC 857

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 94623 v Taouk [2019] NSWSC 857 Hearing dates: 5 July 2019 Decision date: 05 July 2019 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff granted leave to discontinue; plaintiff to pay defendants' costs specified at $35,000; such costs not to be levied against lots owned by defendants Catchwords: CIVIL PROCEDURE – discontinuance of proceedings – leave of court – terms on which proceedings discontinued – where plaintiff seeks leave to discontinue

COSTS – party/party – general rule that costs follow the event – proceedings discontinued or dismissed –proceedings not commenced with authority of members of body corporate – recent resolution not to ratify commencement of proceedings – whether costs should be payable on indemnity basis – whether gross sum costs order should be made – whether order should be made that costs not be payable by defendants as lot owners Legislation Cited: Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Strata Schemes Management Act 2015 (NSW) Category: Procedural and other rulings Parties: The Owners – Strata Plan 94623 (Plaintiff/Respondent) Toreck Taouk (First Defendant/Applicant) Mary Romanous (Second Defendant/Applicant) Representation: Counsel: F Ashworth (Defendants/Applicants)

Solicitors: Chambers Russell Lawyers (Plaintiff/Respondent) Michie Shehadie & Co (Defendants/Applicants) File Number(s): SC 2019/67631