21 KOBADA ROAD DOVER HEIGHTS

COSTS - exceptions to the general rule that costs follow event - partial success - apportionment - costs of two notices of motion that related to previous costs orders - no leave granted to re-open issues dealt with in previous judgments

PRACTICE AND PROCEDURE - costs - application for personal costs order against solicitor - whether sufficient basis to make order where solicitor had advised making of application that had no reasonable prospects of success - application refused STRATA SCHEMES - proceedings between owners corporation and lot owners - application for personal costs order against compulsory strata managing agent for costs incurred and payable by owners corporation in connection with unsuccessful application and defence - application granted with respect to application but not defence - whether order should be made for differential levy on lot owners for costs payable by owners corporation under costs orders or for owners corporation's own costs - whether owners corporation to be restrained from making levies for its own costs

PRACTICE AND PROCEDURE - notice of motion to set aside judgment - judgment entered in good faith - judgment entered irregularly - enforcement of costs certificates under the Legal Profession Act 2004 - certificates entered as single judgment - common law principles of restitution - interlocutory or temporary costs orders - temporary stay of execution of judgment