NSW Caselaw
New South Wales Supreme Court
CITATION : Mortlock & Anor v Owners of Strata Plan No 55434 [2006] NSWSC 363
HEARING DATE(S) : 27 April 2006
JUDGMENT DATE : 3 May 2006
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of Tribunal Member H E Moore dated 11 January 2006 is affirmed; (2) The appeal is dismissed; (3) The amended summons filed 27 April 2006 is dismissed; (4) The plaintiffs are to pay the first defendant's costs as agreed or assessed.
CATCHWORDS : Appeal from adjudicator, Strata Scheme Management Act
LEGISLATION CITED : Crimes (Local Courts Appeal and Review) Act 2001 - s 52 Strata Schemes Management Act 1996 - ss 162, 200, 201, 222
CASES CITED : Attorney General of NSW v Kennedy Miller Television Pty Ltd (1998) 43 NSWLR 729 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430
James Harker Mortlock - First Plaintiff
Victoria Coote - Second Plaintiff
Owners Corporation Strata Plan 55434 - First Defendant PARTIES : John Sharpe - Second Defendant
Karl Wentzel - Third Defendant
Consumer, Trader and Tenancy Tribunal - Fourth Defendant
FILE NUMBER(S) : SC 30009/2006
Mr J W Dodd (Plaintiffs) COUNSEL : Mr De Buse (First Defendant)
Mr P A Bell Hills Legal (Plaintiffs)
SOLICITORS : McCooe & McCooe (First Defendant)
Submitting Appearance (Fourth Defendant)
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