Qasim v Kekatos Lawyers [2021] NSWSC 1366

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Kekatos Lawyers [2021] NSWSC 1366 Hearing dates: 19 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. I order that the proceedings against: Kekatos Lawyers; Alan Davidson; Paula Graham (treasurer); Strata Professionals: Andrew Thompson; Heather Mitchell; Tony Maher; and Pauline Wright. be dismissed. 2. I also order that Dr Qasim pay the costs, as agreed or assessed, of: Kekatos Lawyers; Alan Davidson; Heather Mitchell; Tony Maher; and Pauline Wright. Catchwords: APPEAL — Applicant seeking to set aside a default judgement — Where plaintiff has not filed or served affidavits on which she wishes to rely to establish the grounds of appeal — Adjournment application refused CIVIL PROCEDURE — Parties — Misjoinder — Failure to join proper party — Whether defendants having any interest in the proceedings — Whether proceedings should be dismissed— rules 6.29 and 50.5 of the Uniform Civil Procedure Rules — Proceedings dismissed — Costs Orders STRATA TITLE — Owners corporation — Whether a member of strata committee of the owner's corporation has an interest in the appeal — Party removed from the proceedings Legislation Cited: Crimes Act 1900 (NSW) s 319 Strata Schemes Management Act 2015 (NSW) s 8 Uniform Civil Procedure Rules 2005 (NSW) rr 6.29, 13.4, 50.5 Cases Cited: Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (No 2) [2009] NSWCA 12 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Principal judgment Parties: Shaheen Qasim (Plaintiff) Kekatos Lawyers (First Defendant) Alan Davidson (Second Defendant) Paula Graham (Third Defendant) Strata Professionals (Fourth Defendant) Mitchell Spiteri (Fifth Defendant) Heather Mitchell (Sixth Defendant) Tony Maher (Seventh Defendant) Pauline Wright (Eighth Defendant) Alex Ilkin (Ninth Defendant) GTC Lawyers (Tenth Defendant) Representation: Counsel: Ms G Edwards (Second Defendant)