Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No 64970 (No 2)

In *Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No 64970 (No 2)*, the appeal concerned the orders made by the primary judge in the Equity Division of the Supreme Court of New South Wales. The dispute involved claims and cross-claims between Cyril Smith & Associates Pty Ltd (the appellant) and The Owners-Strata Plan No 64970 (the first respondent), and also between the appellant and the second respondent. The appeal was heard by Bathurst CJ, Basten and Young JJA.

The central legal issues before the Court of Appeal were the adequacy and clarity of the orders made by the primary judge, particularly in relation to the costs of the trial and the proper method for entering orders on the Court's computerized record system. The Court was required to determine whether the existing orders adequately addressed the costs of the claim and cross-claims separately, and whether the orders entered on the system were self-contained and reflected the court's intentions.

The Court of Appeal reasoned that the general rule that costs follow the event had not been adequately addressed in the original orders, leading to ambiguity. The Court also noted that orders entered on the Court's computerized record system should be self-contained. Consequently, the Court allowed the appeal, setting aside certain of the primary judge's orders. In their place, the Court made new orders, including giving judgment for the appellant on the first respondent's amended summons and ordering the first respondent to pay the appellant's costs in the Court below in respect of those claims. The Court also made specific orders regarding the costs of the appeal and the costs of the cross-claims between the appellant and the second respondent, including granting the first respondent a certificate under the Suitors' Fund Act 1951 (NSW).