Qasim v Owners Strata Plan 61034 (No. 2) [2022] NSWSC 1610

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Owners Strata Plan 61034 (No. 2) [2022] NSWSC 1610 Hearing dates: 27 October 2022 Date of orders: 28 November 2022 Decision date: 28 November 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Leave to appeal against the decision of Darcy LCM of 15 April 2021 is refused. (2) The plaintiff to pay the defendant's costs of the proceedings. (3) Any application for indemnity costs should be the subject of written submissions of no more than two pages, to be provided to chambers by email within 7 days and any submissions in response by Dr Qasim, within 14 days. Catchwords: APPEAL – Interlocutory application before Local Court – leave to appeal required s 40 Local Court Act 2007 – limitation on role of Court hearing application for leave to appeal – leave to appeal refused Legislation Cited: Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Achuthan v Coats (1986) 6 NSWLR 472 Application of Qasim [2022] NSWSC 302 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246; [1981] HCA 20 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited (2006) 67 NSWLR 402; [2006] NSWSC 343 Fantakis v Local Court of New South Wales [2020] NSWSC 931 Qasim v Kekatos Lawyers [2021] NSWSC 1366 Qasim v Owners Strata Plan 61034 [2022] NSWSC 1604 Category: Principal judgment Parties: Shaheen Qasim (Appellant) Owners Strata Plan 61034 (Respondent) Representation: Counsel: M Maconachie (Respondent)