The Owners - Strata Plan No 93543 v Zhang (No 2)

The case involved a dispute between the owners of a strata plan and a unit owner. The owners sought an injunction to restrain the unit owner from carrying out certain works, which the owners claimed were in breach of the strata scheme rules. The unit owner, in turn, argued that the works were necessary to address defects in the unit. The matter was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether costs incurred as a result of an adjournment should be confined to costs incurred prior to the adjournment or whether they should also include costs not yet incurred but which would not have been incurred but for the adjournment. The court found that costs incurred as a result of an adjournment should include both costs incurred prior to the adjournment and costs not yet incurred but which would not have been incurred but for the adjournment. The court held that the principle of costs following the event applied to both types of costs. The court found that the unit owner's adjournment was unjustified and that the owners were entitled to an injunction to restrain the unit owner from carrying out the works. The court also found that the unit owner was liable to pay the owners' costs of the proceedings, including costs incurred as a result of the adjournment. The court ordered the unit owner to pay the owners' costs of the proceedings, including costs incurred as a result of the adjournment, on an indemnity basis. The court also ordered that the unit owner pay interest on the costs from the date they were incurred until the date of judgment.