Sethi v The Owners – Strata Plan No 93392 (No 5) [2023] NSWSC 910

Supreme Court New South Wales

Medium Neutral Citation: Sethi v The Owners – Strata Plan No 93392 (No 5) [2023] NSWSC 910 Hearing dates: 1 August 2023 Date of orders: 1 August 2023 Decision date: 01 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Mr Sethi is not to take any step whatsoever in these proceedings, unless and until he complies with order 3 pronounced on 17 July 2023, as amended by me on 1 August 2023, within the time allowed unless he first obtains leave of a judge on application supported by affidavit which application is to be dealt with in Chambers in the absence of the parties. (2) If the defendant solicitor is of the opinion that Mr Sethi has not complied with the rules in relation to any further pleading he brings forward, the defendant is at liberty on three days' notice to Mr Sethi to apply to the registrar on 6 September 2023 when the matter is next before her for the matter to be referred to the duty judge or another judge of the Court to enable the defendant to re-argue his summary dismissal application. (3) The applicant pay the defendant's costs on the ordinary basis. Catchwords: CIVIL PROCEDURE — defendant reinvigorated earlier summary dismissal application — plaintiff's conduct of the proceedings has caused increased costs — reinvigoration of application without prior notice to plaintiff Legislation Cited: Uniform Civil Procedure Rules (NSW), rr 14.28, 18.6 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)