IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929

Supreme Court New South Wales

Medium Neutral Citation: IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 Hearing dates: 3 July 2015 Date of orders: 16 July 2015 Decision date: 16 July 2015 Jurisdiction: Common Law Before: Fagan J Decision: (1) Requirement that company commence proceedings by solicitor dispensed with. (2) Time for commencement of appeal extended. (3) Summons dismissed with costs. Catchwords: PROCEDURE – civil – commencement of proceedings contrary to Uniform Civil Procedure Rules (NSW), r 7.1(3) and out of time – power to dispense with requirement of rules – Civil Procedure Act 2005 (NSW), s 14 REAL PROPERTY – strata titles – claim by owners corporation of recovery costs – reasonableness of such costs incurred and claimed – whether costs claimed must be proportionate – referral to assessment of costs – Strata Scheme Management Act 1996 (NSW), s 80 Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Local Court Act 2007 (NSW) Strata Schemes Management Act 1996 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules (NSW) Cases Cited: Access Services Group Pty Ltd v McLoughlin [2006] NSWSC 532; (2006) 57 ACSR 725 Bay Marine Pty Ltd v Clayton Country Properties Pty Ltd (1986) 8 NSWLR 104 Ceil Comfort Insulation Pty Ltd v Arm Equipment Finance Pty Ltd [2001] NSWSC 619 Comet Building Services Pty Ltd v Hy Tec Industries Pty Ltd [2008] NSWSC 11 Connectland Pty Ltd v Porthaven Pty Ltd [2011] NSWSC 616 House v The King [1936] HCA 40; (1936) 55 CLR 499 IIB Australia Pty Ltd v Owners Strata Plan 76024 [2014] NSWSC 1835 Mi-Ok Pty Ltd v The Owners of Strata Plan No 56059 [2006] NSWSC 573 The Owners – Strata Plan No 36131 v Dimitriou [2009] NSWCA 27; (2009) 74 NSWLR 370 Category: Principal judgment Parties: IIB Australia Pty Ltd (Plaintiff) The Owners Strata Plan 76024 (First Defendant) The Local Court of New South Wales (Second Defendant) Attorney General for the State of New South Wales (Third Defendant) Representation: Counsel: DA Allen (Plaintiff) MT de Waard (First Defendant) No appearance (Second and Third Defendants)