The Owners—Strata Plan 93105 V Richard Crookes Constructions Pty Ltd [2025] NSWSC 935

The New South Wales Supreme Court has recently considered an application by a defendant for a gross costs order, for its costs thrown away of an aborted mediation.

While ultimately the court held that the defendants are entitled to their costs of and related to the aborted mediation, it did not award those costs on a gross sum basis. Instead, the costs are to be determined in the usual way.

The decision provides useful guidance on the requirements of a gross sum costs order and a reminder to parties that they must attend attend a mediation in good faith or risk costs consequences.

CASE SUMMARY

The Plaintiff, an owners corporation, brought a claim against the Defendant builder and developer of the owners corporation's strata scheme, for the installation of combustible Aluminium Composite Cladding on the common property.