Robyn Norberry v The Owners – Strata Plan 66047 [2015] NSWSC 861

Supreme Court New South Wales

Medium Neutral Citation: Robyn Norberry v The Owners – Strata Plan 66047 [2015] NSWSC 861 Hearing dates: 15 May 2015 Date of orders: 15 May 2015 Decision date: 15 May 2015 Jurisdiction: Common Law Before: Rothman J Decision: 1. The parties confer in order to degree on a mediator within 14 days by 4pm on 29 May 2015; 2. In the absence of agreement, the matter be referred to the Registrar for mediation in accordance with the Joint Protocol; 3. Subject to an agreement to the contrary each party bears its own costs of the mediation and half the costs of the mediator; 4. The summons is adjourned without further order until 10am on 17 July 2015, at which time, subject to any notification to the Court otherwise, the summons will be heard to finality; 5. Reserve costs of proceedings up and until today, that has not been subject to order; 6. The parties have liberty to apply on 3 working days' notice. Catchwords: CIVIL – application to transfer proceedings from NSW Civil and Administrative Tribunal and Local to Supreme Court – single justiciable controversy over deficient building works and rectification required – longstanding dispute – order for mediation – if mediation fails, preliminary view that court order for expedited hearing at Supreme Court or Tribunal Legislation Cited: Civil Procedure Act 2005 Category: Procedural and other rulings Parties: Robyn Norberry (Plaintiff) The Owners – Strata Plan 66047 (Defendant) Representation: Counsel: M. Bradford (Plaintiff) S. Dixon (Defendant)