191-195 Oxford Street

LAND LAW---Strata title---Consent of owners corporation to the lodging of a development application to works affecting common property---s 232(6) Strata Schemes Management Act 2015---Mandatory considerations---Relevant considerations---Applicable principles

STRATA TITLES — costs — Strata Schemes Management Act 2015 (NSW) — whether Act made adequate provision for enforcement of rights or remedies — whether provision directs attention to commencement or continuation of proceedings — position to be assessed at commencement — ownership of encroaching plant and equipment then unresolved — claim in trespass against potential owners — proceedings not properly characterised as interpleader — subsequent narrowing of controversy did not attract provision — statutory transfer mechanism did not require different construction COSTS — proceedings resolved by settlement — no determination on the merits — plaintiffs sought removal of plant and equipment encroaching upon their lot — ownership initially uncertain — owners corporation subsequently admitted ownership — progressive removal or modification of disputed items during proceedings — remaining item permitted to stay subject to agreed removal condition — practical success distinguished from capitulation — arguable defences maintained — removal undertaken to minimise expenditure — unreasonable conduct not established — offer of compromise —whether proposed indemnity was a “nothing burger” — each party to bear its own costs

COSTS---s 60(1)-(3) Civil and Administrative Tribunal Act 2013---Special circumstances---Whether established