Oaks Hotels and Resorts (NSW) No 2 Pty Ltd v Otrebski

Land and Environment Court New South Wales Medium Neutral Citation: Oaks Hotels & Resorts (NSW) No 2 Pty Ltd v Otrebski [2015] NSWLEC 129 Hearing dates:13 August 2015Date of orders: 13 August 2015 Decision date: 13 August 2015 Jurisdiction:Class 4Before: Pepper J Decision: Application for costs dismissed. Catchwords: COSTS: application for respondents to pay applicant’s costs – no hearing on merits – as soon as respondents served with summons they agreed to relief – correspondence notifying respondents of commencement of proceedings if unlawful conduct did not cease sent to wrong address and not received – costs of costs application disproportionate to the costs of obtaining relief – sustainability of hearing on papers where contested issues of fact based on evidence not formally before the court – application for costs dismissed. Legislation Cited: Civil Procedure Act 2005, s 98 Cases Cited:Texts Cited:Category:CostsParties: Oaks Hotels No 2 & Resorts (Applicant) Andrew Otrebski (First Respondent) Grace Kurek (Second Respondent) Representation: Counsel: Mr C McFadzean, solicitor (Applicant) Mr B Gelonesi, solicitor (Respondents)   Solicitors: Swaab Attorneys (Applicant) GP Legal (Respondents) File Number(s):40933 of 2014EX TEMPORE JudgmentOaks Hotels Seek an Order for Costs This application for costs by the applicant in Class 4 proceedings, Oaks Hotels & Resorts (NSW) No 2 Pty Ltd (“Oaks”), has had a brief, but unsatisfactory history. On 12 November 2014, Oaks filed a summons effectively seeking injunctive relief (no declarations were sought) to stop the respondents, Mrs Grace Kurek and Mr Andrew Otrebski, from using a unit owned by them as...