Event and Time
Event Description
The proceedings centered on two related matters between an Owners Corporation and its Executors regarding claims under the Strata Schemes Management Act 2015 (NSW). The Owners Corporation sought recovery for unpaid levies and costs associated with various claims, while the Executors countered with their claims and cross-claims. The court was tasked with determining the allocation of costs and liabilities stemming from these intertwined disputes.
Application and Claims
- In the case of 2018/93444 (Executors v Owners Corporation), the Executors were ordered to pay the Owners Corporation’s costs associated with the cross-claim, as well as specific interest liabilities.
- In the case of 2022/98817 (Perpetual v Owners Corporation), the Owners Corporation was ordered to pay Perpetual’s costs for the statement of claim, while each party bore its own costs for the cross-claim.
Judicial Decisions
The primary judgments highlighted that both parties had mixed results in their claims and cross-claims, thus warranting a careful consideration of costs to achieve a fair solution overall.
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Dispute Points and Legal Basis
Dispute Points
- Owners Corporation’s Claims:
- Sought no costs on the statement of claim. - Requested payment of costs on the cross-claim by Executors on an ordinary basis. - Highlighted the return of special levies and interest claims under s 86(2A) and s 145(3) of the Strata Schemes Management Act 2015.
- Executors’ Claims:
- Requested indemnity costs based on several substantial settlement offers that were not accepted by the Owners Corporation. - Contended that they had a significant measure of success that entitled them to be rewarded for costs incurred.