NSW Caselaw
New South Wales Supreme Court
CITATION : Oaks Hotels & Resorts (NSW) No. 2 Pty Limited v The Owners Strata Plan 45205 [2009] NSWSC 219
HEARING DATE(S) : 4/03/09, 13/03/09
JUDGMENT DATE : 31 March 2009
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
DECISION : Declaration and orders to be made staying Tribunal proceedings.
CATCHWORDS : Consumer, Trader and Tenancy Tribunal Act 2001 - Anterior proceedings brought before District Court - Construction of section 22 (7) of Act
Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) LEGISLATION CITED : Fair Trading Tribunal Act 1987 (NSW) Trade Practices Act, 1974 (Cth)
CATEGORY : Procedural and other rulings
Cohen-Hallaleh v Cyril Rosenbaum Synagogue [2003] NSWSC 395 CASES CITED : R v The Judges of District Court Holden at Brisbane; Ex parte Kruger Enterprises [1982] Qd R 623 Westfield Concrete v Fair Trading Tribunal [2001] NSWSC 267
PARTIES : Oaks Hotels & Resorts (NSW) No. 2 Pty Limited (Plaintiff) The Owners Strata Plan 45205 (Defendant)
FILE NUMBER(S) : SC 50035/09
COUNSEL : Mr M Cohen (Plaintiff) Mr Corsaro SC, Mr Young (Defendant)
SOLICITORS : HWL Ebsworth Lawyers (Plaintiff) Andreones Pty Limited (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Tuesday 31 March 2009
50035/09 OAKS HOTELS & RESORTS (NSW) NO. 2 PTY LIMITED ACN 114 193 065 v THE OWNERS – STRATA PLAN 45205 JUDGMENT The state of these proceedings 1 These proceedings commenced before this Court on 4 March 2009 with an application for ex parte injunctive relief which sought to restrain, until the conclusion of the proceedings or further order, the termination of a deed by which the plaintiff contended that it had been appointed and acted as the caretaker of the commercial building known as Hyde Park Plaza located at 38 College St, Sydney. That application was acceded to. 2 The short reasons for the making of the orders which followed included the following:
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