NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sethi v The Owners – Strata Plan No 93392 (No 4) [2023] NSWSC 908 Hearing dates: 1 August 2023 Date of orders: 1 August 2023 Decision date: 01 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Direct that the notice of motion of 29 July 2023, the affidavit of 28 July 2023 and the amended summons of 28 July 2023, filed in contravention of the stay ordered on 17 July 2023, be removed from the Court file, expunged from JusticeLink and returned to Mr Sethi. (2) Order that the notice to produce for inspection is set aside. Catchwords: CIVIL PROCEDURE — stay previously ordered in relation to the proceedings — further documents filed — those documents in contravention of the stay should be removed from the Court file and returned to the applicant — application is a collateral attack of NCAT determination — were the stay otherwise the applications would have been dismissed on their merits Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Residential Tenancies Act 2010 (NSW), ss 85, 115 Supreme Court Act 1970 (NSW), ss 65, 66 Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Akhil Sethi (Plaintiff) The Owners – Strata Plan No 93392 (Defendant) Representation: Counsel: A Sethi (Plaintiff in person) L Holland (solicitor) (Defendant) E Patrick (solicitor) (Mr Cho)
Solicitors: Eakin McCaffery Cox (Defendant) Hicksons (Mr Cho) File Number(s): 2023/137553
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