Eliezer v The Owners – Strata Plan No 51682 [2017] NSWCA 325

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Eliezer v The Owners – Strata Plan No 51682 [2017] NSWCA 325 Hearing dates: 7 December 2017 Decision date: 07 December 2017 Before: Basten JA at [15]; Meagher JA at [1] Decision: 1. Amended summons seeking leave to appeal from the judgments delivered and from the orders made by N Adams J on 22 March 2017 and Garling J on 15 June 2017 be dismissed.

2. The applicant is to pay the first respondent's costs in this Court ‑ that is, the costs incurred only by the owners corporation ‑ as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – leave to appeal from summary dismissal of tortious claims for malicious prosecution and abuse of process – where relevant proceedings have not terminated – where immediate purpose for bringing proceedings was proper – whether manifest error or question of principle warranting leave – no such error or principle

PRACTICE AND PROCEDURE – leave to appeal from interlocutory decision dismissing application to join husband of applicant as second plaintiff, and amend statement of claim – no utility granting leave where underlying proceedings dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 4.10, 13.4, 6.19, 14.28 Strata Schemes Management Act 1996 (NSW), s 80 Supreme Court Act 1970 (NSW), s 101(2)(e) Cases Cited: A v New South Wales (2007) 230 CLR 500; [2007] HCA 10 PNJ v The Queen [2009] HCA 6; (2009) 83 ALJR 384 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Procedural and other rulings Parties: Supriya Eliezer (Applicant)