Dynamic Property Services Pty Ltd

SP2661 · 1A EASTBOURNE ROAD DARLING POINT, DARLING POINT

COSTS – Appeal from costs decision – s 60 Civil and Administrative Tribunal Act 2013 (NSW) - r 38(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW) – parties successful on different issues – proportionate costs order – exercise of discretion

SP2661 · 1A EASTBOURNE ROAD DARLING POINT, DARLING POINT

LAND LAW – strata title – common property – duty to repair – breach of duty – damages for breach of duty – causation – determination of cause of loss – action of lot owner altering or repairing common property – ss 106(5) and 232 Strata Schemes Management Act 2015 (NSW)

SP87881 · 2 CHIPPENDALE WAY CHIPPENDALE, CHIPPENDALE

COSTS — r 42.20(1), Uniform Civil Procedure Rules (2005) — owners of high-rise development bring four proceedings against developers, builder and others for building defects — fifth proceeding against developer dismissed as abuse of process — whether defendants entitled to costs of proceedings — whether “the Court orders otherwise” — principles at [2]-[4] — plaintiffs seeks to exclude substantial categories of costs as evidence relevant to remaining four proceedings and given suggested failures by defendants — no reason to make “orders otherwise”.