The Owners - Strata Plan 68523 v Peter Drury [2011] NSWLC 3

Local Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 68523 v Peter Drury [2011] NSWLC 3 Hearing dates: 2 February 2011 Decision date: 08 February 2011 Jurisdiction: Civil Before: Magistrate Tsavdaridis Decision: 1. Application by Defendant/Cross-Claimant for leave to vacate hearing date of 2 February 2011 - Refused. 2. Application by Plaintiff/Cross-Defendant for leave to proceed on an ex parte basis - Granted. 3. Defence struck out for want of prosecution. 4. Judgment for the Plaintiff. 5. Cross-Claim dismissed for want of prosecution. Catchwords: Claim for payment of strata levies - Application to vacate hearing date - No appearance by Defendant - Medical certificate faxed to Court - Application to proceed ex parte Legislation Cited: Strata Schemes Management Act 1996 (NSW) Civil Procedure Act 2005 (NSW) Civil Procedure Regulation 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Magjarraj v Asteron Life Limited [2009] NSWSC 1433 Coshott v The Owners of Strata Plan No. 48892 [2006] NSWSC 308 Coshott v The Owners SP 48892 [2008] NSWSC 854 Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27 Category: Principal judgment Parties: The Owners - Strata Plan 68523 (Plaintiff/Cross-Defendant) Peter Drury (Defendant/Cross-Claimant) Representation: Mr Daniel Radman, Grace Lawyers (Plaintiff/Cross-Defendant) Defendant unrepresented and not present File Number(s): 31344 of 2009