Rodny v Stricke [2020] NSWSC 800

Supreme Court New South Wales

Medium Neutral Citation: Rodny v Stricke [2020] NSWSC 800 Hearing dates: 19 June 2020 Decision date: 25 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal. (2) Dismiss the amended summons filed 19 June 2020. (3) Subject to an application being made in writing to my Associate within seven days of the date of this order for a different order, order the plaintiffs to pay the defendants' costs of the proceedings. Catchwords: APPEALS — Appeal from NSW Civil and Administrative Tribunal Appeal Panel — where Tribunal listed matter for hearing when plaintiffs' legal representatives unavailable — where plaintiffs' subsequent application for adjournment refused — where Appeal Panel refused leave to appeal — whether decision of Appeal Panel or original listing decision was legally unreasonable — whether each decision constituted denial of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 60, 80, 83 Strata Schemes Management Act 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 Croke v R [2020] NSWCCA 8 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 R v Small (1994) 33 NSWLR 575 Rodny & Communications Power Incorporated (Aust) Pty Ltd v Stricke & Ors [2019] NSWCATAP 150 Rodny v Stricke [2020] NSWCATAP 20 Category: Principal judgment Parties: Laurence Rodny (First Plaintiff) Communications Power Incorporated (Aust) Pty Ltd (ACN 001 521 160) (Second Plaintiff) Angela Stricke (First Defendant) Helen Meddings (Second Defendant) Natalie Stoianoff (Third Defendant) Vlad Sofreski (Fourth Defendant) The Owners – Strata Plan No 56911 (Fifth Defendant) Representation: Counsel: C Birch SC (Plaintiffs) J Knackstredt (Defendants)