Butt v The Owners – Strata Plan No 71715 [2023] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Butt v The Owners – Strata Plan No 71715 [2023] NSWCATCD 60 Hearing dates: 16 May 2023, on the papers Date of orders: 06 June 2023 Decision date: 06 June 2023 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. The summons to the first respondent issued by the Tribunal on 6 April 2023 at the request of the applicant is set aside. 2. The summons to the second respondent issued by the Tribunal on 6 April 2023 at the request of the applicant is set aside. 3. Costs are reserved. 4. If either respondent seek costs, they should file and serve submissions as to costs within 14 days. Their submissions should identify the relevant costs rule and the reasons why costs should ordered. 5. The applicant may respond within a further 14 days 6. The respondents may reply within a further 7days. Catchwords: PRACTICE AND PROCEDURE – application to set aside a summons to produce documents Cases Cited: 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: Paul Thomas Butt (Applicant) The Owners – Strata Plan No 71715 (First Respondent) John O'Donnell (Second Respondent) Representation: Solicitors: