York & Edwards v The Owners – Strata Plan No 675 [2024] NSWSC 1478

York & Edwards v The Owners – Strata Plan No 675 [2024] NSWSC 1478

In light of the applicants’ significant non-compliance with directions, personal circumstances advanced by their solicitor, and the incomplete provision of materials relevant to a leave application, the hearing was vacated. However, the applicants were ordered to comply with directions for filing, to identify the questions of law for appeal, and to pay the respondent’s costs for the vacated hearing.

Parties
First Plaintiff/applicant: Bernadette York; Second Plaintiff/applicant: Kevin Edwards; Defendant/respondent: The Owners – Strata Plan No 675
Jurisdiction
Australia
Judgment Date
20 November 2024
Procedural Posture
Summons Seeking Leave to Appeal / Interlocutory Application to Vacate Hearing Date; Directions Made for Further Hearing
Outcome
Hearing vacated, relisted; costs ordered against applicants up to and including today
Legal Topics
Application to Vacate Hearing Date, Leave to Appeal, Strata Unit Entitlement Allocation
Civil Procedure Strata Law Application to Vacate Hearing Date Leave to Appeal Strata Unit Entitlement Allocation

Case Brief

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Parties

Bernadette York

First Plaintiff/applicant

Kevin Edwards

Second Plaintiff/applicant

The Owners – Strata Plan No 675

Defendant/respondent

Procedural Posture

Summons Seeking Leave to Appeal / Interlocutory Application to Vacate Hearing Date; Directions Made for Further Hearing

Legal Issues

  1. 1 Whether to vacate the scheduled hearing of the summons seeking leave to appeal
  2. 2 Compliance by the applicants with the Court's directions
  3. 3 Need for precise identification of questions of law for leave to appeal under s 83 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

In light of the applicants’ significant non-compliance with directions, personal circumstances advanced by their solicitor, and the incomplete provision of materials relevant to a leave application, the hearing was vacated. However, the applicants were ordered to comply with directions for filing, to identify the questions of law for appeal, and to pay the respondent’s costs for the vacated hearing.

Court Disposition

Hearing vacated, relisted; costs ordered against applicants up to and including today

Orders

  • The hearing of the summons filed 25 July 2024 scheduled for today is vacated.
  • The summons filed 25 July 2024 is listed for hearing before me at 10am on 16 December 2024.