15 Wallis Parade

COSTS — agreed errors in registered consolidated by-laws — where owner entitled to declarations concerning rights under original by-laws — plaintiff successful in obtaining substantive relief — defendant’s position not hopeless — indemnity costs refused — apportionment by stages or issues unwarranted — alternative claim successful — ordinary costs awarded — Strata Schemes Management Act 2015 (NSW), s 90(2)

STRATA TITLES — by-laws — common property rights by-laws — exclusive use of parking spaces and storeroom — agreed errors in registered consolidated by-laws — whether lot owner entitled to declarations concerning rights under original by-laws — where owners corporation does not dispute lot owner’s underlying rights — whether sufficient controversy and utility to support declaratory relief — owners corporation possess an interest in opposing relief — declarations made REAL PROPERTY — correction of Register — powers of Supreme Court under s 138 of the Real Property Act 1900 (NSW) — distinction between a dealing and a recording in a folio of the Register — whether power to order amendment of a recording in a folio extends to orders requiring correction and lodgement of a set of consolidated by-laws — instrument “needed” to give effect to Court’s determination — power extends to orders concerning instrument and underlying recording — ancillary orders made