NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sethi v The Owners – Strata Plan 93392 (No 7) [2023] NSWSC 1647 Hearing dates: On the papers Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Dismiss the plaintiff's recusal application. (2) Dismiss paragraph 1 of the plaintiff's notice of motion filed 13 November 2023. (3) Order the plaintiff to pay the defendant's costs of the above applications on an indemnity basis. Catchwords: PRACTICE AND PROCEDURE – application for recusal – where plaintiff identified no basis for recusal – request refused JUDGMENTS AND ORDERS – amending, varying and setting aside – where plaintiff brought application to set aside orders – where plaintiff did not materially engage with provisions of the Uniform Civil Procedure Rules 2005 (NSW) – where plaintiff alleges judge had hidden and malicious agenda – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Mendonca v Legal Services Commissioner [2020] NSWCA 84 Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 Sethi v The Owners Strata Plan No 93392 (No 6) [2023] NSWSC 1368 Category: Procedural rulings Parties: Akhil Sethi (plaintiff) (self-represented) The Owners – Strata Plan No 93392 (defendant) Representation: Counsel: L Holland (defendant)
Solicitors: Eakin McCaffery Cox (defendant) File Number(s): 2023/137553 Publication restriction: Nil
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