NSW Caselaw
New South Wales Supreme Court
CITATION : J & P Olzomer Pty Limited v The Owners of Strata Plan 67534 & Anor [2010] NSWSC 965
HEARING DATE(S) : 24 August 2010
JUDGMENT DATE : 24 August 2010
JUDGMENT OF : Garling J
EX TEMPORE JUDGMENT DATE : 24 August 2010
DECISION : The Notice of Motion dated 5 August 2010 be dismissed and costs of the notice of motion be costs in the cause.
CATCHWORDS : PRACTICE & PROCEDURE – Separate question – Whether determination of separate question would dispose of issues in the proceedings – No real saving of time or costs to the parties. - ADMINISTRATIVE LAW – Judicial review of Consumer, Trader and Tenancy Tribunal decision to transfer proceedings to District Court of NSW.
Civil Procedure Act 2005 LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 Home Building Act 1989 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Tepko Pty Limited v The Water Board (2001) 206 CLR 1
J &P Olzomer Pty Limited (ACN 001 890 928) (P) PARTIES : The Owners of Strata Plan 67534 (D1) Consumer, Trade & Tenancy Tribunal of NSW (D2)
FILE NUMBER(S) : SC 2009/298130
(P) S.J. Wheelhouse SC with A. Douglas-Baker COUNSEL : (D1) G. Sirtes SC with M. Dolenic (D2) Submitting appearance
(P) The Builders' Lawyer Pty Ltd SOLICITORS : (D1)Mills Oakley Lawyers (D2) IV Knight, Crown Solicitor
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GARLING J
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