Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 1120

Supreme Court New South Wales

Medium Neutral Citation: Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 1120 Hearing dates: 28 August 2019 Date of orders: 28 August 2019 Decision date: 28 August 2019 Jurisdiction: Equity Before: Parker J Decision: See [35]. Catchwords: COSTS – Indemnity for costs – whether Strata Corporation should indemnify plaintiffs for costs incurred in proceedings under Strata Schemes Management Act 1996 (NSW) ("SSMA"), ss 229 and 230 – distinction between grounds of appeal which advanced interests of Strata Corporation as a whole and those propounding a dispute between individual lot owners – whether Court's powers under ss 229 and 230 extend to costs incurred in proceedings before New South Wales Civil and Administrative Tribunal.

COSTS – Party/party – costs incurred on preparing grounds of appeal attributed according to outcome on appeal. Legislation Cited: Strata Schemes Management Act 1996 (NSW) ("SSMA"), ss 229 and 230. Cases Cited: Pender v Lunshington (1877) 6 Ch D 70 at 75-6 Tan v Owners corporation Strata Plan 22014 (No 2) [2015] NSWSC 1920 Texts Cited: Nil. Category: Costs Parties: Glenquarry Park Investments Pty Ltd (First Plaintiff) Fiona Sinclair King (Second Plaintiff) Peter King (Third Plaintiff) The Owners – Strata Plan No 17043 (Fourth Plaintiff) Evelin Hegyesi (First Defendant) Jamesons & Associates Unit Services Pty Ltd t/as Jamesons Strata Management (Second Defendant) Deborah Thomas (Third Defendant) Jennifer Harrison (Fourth Defendant) Representation: Counsel: F Corsaro SC (First, Second, Third, Fourth Plaintiff) P Newton (First and Fourth Defendant)