Kerswell v Owners of Strata Plan No. 71241 [2018] NSWSC 1309

Supreme Court New South Wales

Medium Neutral Citation: Kerswell v Owners of Strata Plan No. 71241 [2018] NSWSC 1309 Hearing dates: 16 August 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Refuse application for dismissal for want of due dispatch. (2) Direct the plaintiff to file and serve a copy of the transcript in the Local Court forthwith after it is received by him. (3) Direct the defendant to file any UCPR 50.14(2) affidavit upon which it may wish to rely by 13 September 2018. (4) Grant leave to the defendant to supplement its UCPR 50.14(2) affidavit within two weeks of receiving a copy of the transcript, if necessary. (5) List the matter before the Registrar to fix a date for hearing of the appeal on 20 September 2018 at 9:00 am. Catchwords: CIVIL PROCEDURE – self-represented litigant – summons – appeal from Local Court – whether the plaintiff has complied with the Registrar's orders – transcript not yet available but ordered – Uniform Civil Procedure Rules 2005 (NSW) – rule 50.14 – evidence before the lower court that the plaintiff wishes to be considered on appeal Legislation Cited: Civil Liability Act 2006 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 50.14 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Kerry Kerswell (Plaintiff) Owners of Strata Plan No. 71241 (Defendant) Representation: Counsel: Plaintiff (Self-represented) S Hendry (Solicitor)