NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: IIB Australia Pty Ltd v Owners Strata Plan 76024 [2014] NSWSC 1835 Hearing dates: 19 November 2014, further submissions 15 December 2014 Decision date: 19 December 2014 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The Local Court is joined as the second defendant to the proceedings, with the result that the Attorney General becomes the third defendant. (2) IIB has leave to file a further amended summons on or before 31 January 2015. (3) IIB must pay the Owners Corporation's costs thrown away as the result of that amendment. (4) The Owners Corporation's motion is dismissed. (5) The Owners Corporation must bear IIB's costs of its motion, as agreed or assessed. Catchwords: PROCEDURE - notices of motion - order seeking to restore Local Court as second defendant - no objection to order - notice of motion - application to dismiss summons - refused - security for costs sought refused Legislation Cited: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Legal Profession Act (NSW) Local Court Act 2007 (NSW) Strata Schemes Management Act 1996 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: General Steel Industries Inc v Commissioner of Railways (NSW) [1964] HCA 69; 112 CLR 125 Mazzei v Industrial Relations Commission [2000] NSWCA 104 Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27; 74 NSWLR 370 Tanamerah Estates Pty Ltd (as the trustee for Alexander Superannuation Fund) v Tibra Capital Pty Ltd [2013] NSWCA 266 Transocean Capital Pty Ltd v AFSIG Pty Ltd [2006] NSWSC 806 Category: Procedural and other rulings Parties: IIB Australia Pty Ltd (Plaintiff) The Owners - Strata Plan No 76024 (First Defendant) The Attorney-General for the State of New South Wales (Second Defendant) Representation: Solicitors: Mr L Dyason, Director (unrepresented)(Plaintiff) Ms M T de Waard (First Defendant) Mr V Musico (Second Defendant) File Number(s): 2014/265277 Publication restriction: None
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