NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Eliezer v The Owners of Strata Plan No 51682 [2015] NSWSC 1172 Hearing dates: 13 August 2015 Decision date: 13 August 2015 Jurisdiction: Common Law Before: Button J Decision: (1) By consent, proceedings 2013/00219204 in the Sydney Downing Centre Registry of the Local Court of New South Wales are stayed. (2) By consent, the stay contained in order 1 is to be continued until the proceedings 2015/123687 in this Court are concluded, or further order of this Court. (3) Liberty to apply to either party to return the matter to the Common Law Registrar's list on proof of three days' written notice to the opposing party. (4) The plaintiff must pay the costs of the Owners of Strata Plan 51682 of the proceedings before me. Catchwords: PRACTICE AND PROCEDURE – longstanding dispute regarding block of flats – proceedings on foot in Local Court and Supreme Court – whether Local Court proceedings should be stayed until Supreme Court proceedings are resolved – defendant not opposed to stay
COSTS – ex parte application – no notice given to defendant – application unnecessary because of consent of defendant to orders sought – whether the plaintiff should pay the costs of the hearing Category: Procedural and other rulings Parties: Supriya Eliezer (Plaintiff) The Owners Strata Plan No 51682 (Defendant) Representation: Counsel:
Solicitors: Gilbert M Johnstone & Co (Plaintiff) In person (Defendant) File Number(s): 2015/123687
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