York & Edwards v The Owners – Strata Plan No 675 [2024] NSWSC 1478

Supreme Court New South Wales

Medium Neutral Citation: York & Edwards v The Owners – Strata Plan No 675 [2024] NSWSC 1478 Hearing dates: 20 November 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Common Law Before: Griffiths AJA Decision: 1. The hearing of the summons filed 25 July 2024 scheduled for today is vacated. 2. The summons filed 25 July 2024 is listed for hearing before me at 10am on 16 December 2024. 3. On or before 2 December 2024: a. the applicants are to file and serve a hard copy of the Court Book as revised in the light of today's transcript regarding material which is not relevant to the present proceeding; b. the applicants are to file and serve an outline of submissions in reply to the respondent's written submissions dated 20 November 2024; c. either in that reply document or as an annexure, the applicants are to identify with precision each and all of the questions of law which are the subject of their summons seeking leave to appeal; and d. the applicants have leave to file and serve an amended summons should they be minded to do so. 4. The applicants are to pay the respondent's costs thrown away up to and including today's date. Catchwords: CIVIL PROCEDURE — hearings — application to vacate hearing date Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Strata Schemes Management Act 2015 (NSW), s 236 Cases Cited: Singh v Health Care Complaints Commission [2024] NSWSC 1307 The Owners-Strata Plan No 675 v York & Edwards [2022] NSWCATAP 171 York & Edwards v The Owners - Strata Plan No 675 [2024] NSWCATAP 121 Texts Cited: Nil Category: Procedural rulings Parties: Bernadette York (First Plaintiff/Applicant on the motion) Kevin Edwards (Second Plaintiff/Applicant on the motion) The Owners – Strata Plan No 675 (Defendant/Respondent on the motion) Representation: Counsel: P Jayawardena York (sol) (Plaintiffs/Applicants) J A Darvall (Defendant/Respondent)