Rodny v Stricke (No 2) [2020] NSWSC 1126

Supreme Court New South Wales

Medium Neutral Citation: Rodny v Stricke (No 2) [2020] NSWSC 1126 Hearing dates: 4 August 2020 Date of orders: 24 August 2020 Decision date: 24 August 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) An extension of time to file the summons up to 30 April 2020 is granted. (2) The plaintiff's solicitor is to personally pay the costs thrown away by reason of delay in complying with the orders of the Court on 13 February 2020. (3) Leave to appeal is refused. (4) The summons filed 30 April 2020 is dismissed. (5) The plaintiff is to pay the defendants' costs as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Civil procedure – Leave to appeal from a costs decision of the Appeal Panel of the New South Wales Civil and Administrative Tribunal – Civil and Administrative Tribunal Act 2013 (NSW), s 83 – Whether the Tribunal misapplied s 60 in determining that special circumstances existed – Leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 83 Uniform Civil Procedure Rules 2005 (NSW), r 50.12 Cases Cited: Gallo v Dawson (1990) HCA 30; 93 ALR 479 House v King (1936) 55 CLR 499 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 Maitland v Nationwide News Pty Ltd [2004] NSWCA 155 Rodny v Stricke [2020] NSWCATAP 20 Rodny v Stricke [2020] NSWSC 800 Category: Procedural and other rulings Parties: Laurence Rodny (Plaintiff) Communications Power Incorporation (Aust) Pty Ltd (Second Plaintiff) Angela Stricke (First Defendant) Helen Meddings (Second Defendant) Natalie Stoianoff (Third Defendant) David Kallaway (Fourth Defendant) Vlad Sofreski (Fifth Defendant) The Owners - Strata Plan No 56911 (Sixth Defendant) Representation: Counsel: I Chatterjee (Plaintiff) J Knackstredt (Defendants)