Silberstein v The Owners – Strata Plan No 55468 & Ors [2022] NSWCATCD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Silberstein v The Owners – Strata Plan No 55468 & Ors [2022] NSWCATCD 207 Hearing dates: 29 November 2022, on the papers Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. Paragraph 3 of the Schedule to the summons issued on 4 October 2022 at the request of the applicant to the first respondent is set aside. 2. If the respondents seek costs, they should file and serve submissions as to costs by 23 December 2023. 3. The applicant may respond by 23 January 2023. 4. The respondent may reply by 30 January 2023. Catchwords: PRACTICE AND PROCEDURE – application to set aside a summons to produce documents Legislation Cited: Strata Schemes Management Act 2015 (NSW) - ss 9(3), 37, 106(1), 260 Cases Cited: Commissioner for Railways v Small (1938) 38 SR 564 Structerre Consulting Engineers (NSW) Pty Limited v Townend [2020] NSWSC 1476 Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd (No 2) [2019] NSWSC 758 Texts Cited: The Hon J Bryson KC, Continuing Professional Education - The 2004 Judges Series. Practical Litigation in the Supreme Court and the Federal Court Category: Procedural rulings Parties: Jessica Hetty Silberstein (Applicant) The Owners – Strata Plan No 55468 (First Respondent) Michael Adamo (Second Respondent) Peter Michael Hans Engelbert (Third Respondent) William Paul O'Brien (Fourth Respondent) Terrence Matthew Gagen (Fifth Respondent) Strata choice Pty Ltd (Sixth Respondent) Hecker Australia Pty Ltd (Seventh Respondent) Representation: Counsel: