Georgeski v Owners Corporation SP49833

The case of Georgeski v Owners Corporation SP49833 involved a dispute between a tenant, Georgeski, and the owners corporation of a strata titled property. The owners corporation brought an action to recover unpaid levies and interest. Georgeski filed a submitting appearance after the claims in the summons had been amended. The central issue before the court was whether the owners corporation was entitled to have Georgeski's costs before the amendment assessed on an indemnity basis.

The court examined the circumstances under which Georgeski filed the submitting appearance and the timing of the amendment to the claims in the summons. The court noted that the owners corporation had not opposed the amendment, and the amendment itself did not prejudice the defence. Given these factors, the court determined that the owners corporation was not entitled to indemnity costs for the period before the amendment. The court held that the indemnity costs provision was not applicable as it did not consider the amendment to have been unreasonable or oppressive.

Consequently, the court ruled that Georgeski's costs before the amendment should not be assessed on an indemnity basis. The court's decision was based on the principle that indemnity costs are not automatically awarded and must be justified by specific circumstances, which were not present in this case. The owners corporation's application for indemnity costs was dismissed.

The final orders of the court confirmed that Georgeski was not liable for the owners corporation's costs before the amendment, and the indemnity costs application was dismissed with no orders as to costs.