The Owners - Strata Plan 70030 v Decon Australia (No 2)

The Owners – Strata Plan 70030 brought a motion against Decon Australia and others, seeking orders for costs in relation to a previous proceeding. The dispute centred on the costs incurred by the plaintiff in the earlier proceeding, which had been largely successful. The defendants, Decon Australia and others, opposed the motion, arguing that the plaintiff's success was not complete, and that they had suffered undue prejudice. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue for the court was whether the plaintiff was entitled to costs as the successful party in the motion. The defendants argued that the plaintiff's success was not complete, and that the defendants had suffered undue prejudice, which should result in the plaintiff bearing their own costs. The court had to consider the appropriate allocation of costs between the parties, taking into account the nature of the dispute and the respective positions of the parties.

In determining the allocation of costs, the court noted that the plaintiff had been successful in the motion, but that the defendants had suffered some prejudice due to the plaintiff's conduct. The court considered that the plaintiff's success was not complete, as the defendants had raised legitimate arguments that had delayed the proceedings. However, the court found that the defendants had not suffered undue prejudice, and that the plaintiff was entitled to some costs. The court ordered the plaintiff to pay the costs of the second to fifth defendants for the motion, but found that the first defendant did not appear and was therefore ordered to pay the plaintiff's costs of the motion.

The court made orders consistent with its findings, directing the plaintiff to pay the second to fifth defendants' costs of the motion, and the first defendant to pay the plaintiff's costs of the motion.