Sethi v The Owners – Strata Plan No 93392 [2023] NSWSC 853

Supreme Court New South Wales

Medium Neutral Citation: Sethi v The Owners – Strata Plan No 93392 [2023] NSWSC 853 Hearing dates: 17 July 2023 Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) The prayers for relief one and two in Mr Sethi's notice of motion filed on 22 June 2023 are refused. (2) Under r 14.28 Uniform Civil Procedure Rules 2005 (NSW) the whole of the plaintiff's summons is struck out. (3) Allow the plaintiff a period of 28 days to re‑plead whatever cause of action he wishes to bring forward as a civil matter in accordance with these reasons by filing and serving a statement of claim pleading his cause of action in accordance with the said Rules. (4) These proceedings are stayed unless and until order 3 is properly complied with. (5) List the matter for directions before the Registrar at 9 am on 21 August 2023. (6) Stand the balance of the notices of motion filed on 2, 6, 7 and 22 June 2023 for directions before the Registrar on 21 August 2023. (7) The plaintiff is to pay the defendant's costs of the applications determined today. (8) Refuse the application for an order under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW). Catchwords: CIVIL PROCEDURE — application to strike out summons — matter irregularly commenced by summons instead of statement of claim — application to strike out defendant's notice of appearance — application for summary dismissal — cannot be finally determined without proper pleading — application for suppression of the plaintiff's identity is refused Legislation Cited: Court Suppression and Non‑publication Orders Act 2010 (NSW) ss 7, 8 Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Strata Schemes Management Act 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 6.3, 7.21, 13.4 Cases Cited: General Steel Industries Inc v Commissioner for Railways NSW (1964) 112 CLR 125; [1964] HCA 69 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Wilkinson v Downton [1897] 2 QB 57 Category: Procedural rulings Parties: Akhil Sethi (Plaintiff) The Owners – Strata Plan No 93392 (Defendant) Representation: Counsel: A Sethi (Plaintiff in person) J Lazarus SC (Defendant)