Voicu v The Owners-Strata Plan No 1624 [2020] NSWCA 52

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Voicu v The Owners-Strata Plan No 1624 [2020] NSWCA 52 Hearing dates: 17 February 2020 Date of orders: 27 March 2020 Decision date: 27 March 2020 Before: Basten JA at [1]; McCallum JA at [59]; Simpson AJA at [64] Decision: (1) Set aside the costs order made in the District Court on 6 December 2018 and substitute an order that the plaintiff (Mr Voicu) pay the costs of the Owners-Strata Plan No 1624 to be assessed on the ordinary basis.

(2) Dismiss the applicant's notices of motion filed on 18 and 28 October 2019.

(3) Otherwise dismiss the summons in this Court, with no order as to costs. Catchwords: JUDICIAL REVIEW – remedies – materiality – review of appeal of costs assessment – incorrect application of repealed statute – application of the correct statute would have led to the same order – whether error jurisdictional – refusal of relief on discretionary grounds

COSTS – appeal – cost assessment – costs assessment appeal – repealed Legal Profession Act 2004 (NSW) applied instead of Legal Profession Uniform Law Application Act 2014 (NSW) – effect of savings provisions – Interpretation Act 1987 (NSW), s 30

COSTS – appeal to District Court – indemnity costs ordered – incorrect law relied on by successful party – correct law resulted in same substantive order – costs of successful party

WORDS AND PHRASES – "proceeding" – "proceedings to which the costs relate commenced" – Legal Profession Uniform Law Application Regulation 2015 (NSW), cl 59 Legislation Cited: District Court Act 1973 (NSW), s 127 Interpretation Act 1987 (NSW), s 30 Justices Act 1901 (NSW), s 112 Legal Profession Act 2004 (NSW), ss 384, 385 Legal Profession Uniform Law Application Act 2014 (NSW), ss 7, 82, 83, 89, 167; Pt 7, Div 6 Strata Scheme Management Act 1996 (NSW), s 80D Supreme Court Act 1970 (NSW), s 69