16 BIRRIGA ROAD BELLEVUE HILL

COSTS – Whether there are special circumstances warranting an award of costs

COSTS - principal proceedings involve strata scheme dispute - application by Notice of Motion for interlocutory orders - applicants determine not to press Notice of Motion - abandonment of claim for interlocutory orders - no hearing of Notice of Motion on the merits - relevant considerations on costs application - whether respondent entitled to costs of abandoned Notice of Motion - order for costs made

APPEAL – leave to appeal – exercise of discretion – leave refused - leave to adduce new evidence refused - strata scheme – common property defects – scope of works – rectification costs – whether strata levy excessive - costs of appeal