The Owners-Strata Plan No 21372 v Banovic (No 2) [2017] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: The Owners-Strata Plan No 21372 v Banovic (No 2) [2017] NSWSC 734 Hearing dates: On the papers Date of orders: 07 June 2017 Decision date: 07 June 2017 Jurisdiction: Equity Before: Darke J Decision: Order made for transfer of proceedings to Civil and Administrative Tribunal. Catchwords: PRACTICE AND PROCEDURE – transfer of proceedings – whether proceedings should be transferred to NSW Civil and Administrative Tribunal – dispute concerning rights and obligations under strata titles legislation – jurisdiction of Tribunal to determine dispute – more appropriate forum – where perceived advantage in pursuing claims in the Court no longer exists – proceedings transferred Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 72, 73, 75, 77, Sch 4, cl 6(2), Strata Schemes Management Act 1996 (NSW), ss 65, 117, 124, 137, 164 Strata Schemes Management Act 2015 (NSW), ss 124, 153, 232, 241 Cases Cited: North Wind Pty Ltd v Proprietors – Strata Plan 3143 [1981] 2 NSWLR 809 The Owners Strata Plan 21372 v Banovic [2017] NSWSC 177 Category: Procedural and other rulings Parties: The Owners-Strata Plan No 21372 (Plaintiff) Joe Banovic (First Defendant) Nada Banovic (Second Defendant) Representation: Counsel: Mr T Davie (Plaintiff) Mr L Geary (solicitor) (First Defendant) Mr P Bambagiotti with Mr F F F Salama (Second Defendant)

Solicitors: The Law Man (Plaintiff) Salvos Legal (First Defendant) Makinson d'Apice Lawyers (Second Defendant) File Number(s): 2015/301623 Publication restriction: None