Liu v The Owners – Strata Plan No 53093 [2024] NSWCA 291

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liu v The Owners – Strata Plan No 53093 [2024] NSWCA 291 Hearing dates: 2 December 2024 Date of orders: 3 December 2024 Decision date: 03 December 2024 Before: Basten AJA Decision: (1) Dismiss as incompetent the summons filed in the Common Law Division on 31 July 2024 and transferred to this Court on 9 October 2024. (2) No order as to the costs of the proceedings in this Court or in the Division. Catchwords: CIVIL PROCEDURE – appeal – purported appeal from District Court judgment on appeal from Local Court – no right of appeal – whether proceedings should be treated as seeking judicial review – no grounds to support reasonably arguable case for review – summons dismissed CIVIL PROCEDURE – appeal – costs – incompetent appeal – no notice of motion filed by respondent objecting to competency – no order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, Div 1 District Court Act 1973 (NSW), s 127 Local Court Act 2007 (NSW), ss 39, 41 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 18.1, 51.12, 51.41 Category: Procedural rulings Parties: Yu Liu (First Applicant) (unrepresented) Li Wang (Second Applicant) (unrepresented) The Owners – Strata Plan No 53093 (Respondent) Representation: Solicitors: CCA Legal Pty Ltd (Respondent) File Number(s): 2024/373046 Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 10 July 2024 Before: S Cole DCJ File Number(s): 2024/51596