Constantinou v Dipsellas; Dipsellas v The Owners Strata Plan No 20736 (No. 2)

The proceedings in question involved an application by the lessee, Mr. Constantinou, and a cross-application by the lessors, Mr. and Mrs. Dipsellas, against the Owners Corporation of Strata Plan No 20736. The central dispute revolved around the obligations and liabilities of the parties concerning a strata lot, including issues of maintenance, repairs, and the allocation of costs. The case was heard in the Civil and Administrative Tribunal of New South Wales.

The legal issues before the court encompassed a complex interplay of contractual obligations, statutory duties, and the rights and responsibilities of the parties involved. The primary focus was on interpreting the terms of the lease agreement and strata title legislation, particularly in relation to the division of repair and maintenance costs. The court had to determine whether certain expenses were the responsibility of the lessors or the lessee, and to what extent, if any, the Owners Corporation was liable.

The court considered the nature of the proceedings and the outcomes achieved by each party. While Mr. Dipsellas sought costs for his successful application, the court found that the lessors did not achieve a significant advantage overall. The decision emphasised that the "event" for determining costs is not merely the formal outcome of the litigation but the substantive and practical results of the proceeding. The court exercised its discretion under Rule 38(2) of the Civil and Administrative Tribunal Rules 2014, taking into account the varying degrees of success in both applications and the complex, interrelated issues. As a result, the application for costs by Mr. Dipsellas was dismissed, and the court ordered that no party should be awarded costs from the others, with each party to bear their own costs.