Huang v The Owners of Strata Plan No 7632 [2021] NSWCA 194

Huang v The Owners of Strata Plan No 7632 [2021] NSWCA 194

Leave to appeal was refused because the primary judge made no error in holding that the Supreme Court had no jurisdiction to entertain an appeal from the costs assessment certificates in the circumstances, and the applicants did not adequately explain or justify the delay of about two years and seven months in seeking to challenge the Local Court orders. The alleged new evidence did not provide a substantial basis for appeal, and the later reversal of McElwaine did not justify extending time after the Local Court judgment had become final. Even if aspects of the primary judge's discretionary reasoning were open to review, re-exercising the discretion led to the same result because of the...

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Dismissal of Amended Summons in the Supreme Court of New South Wales Common Law Division
Outcome
Leave to appeal refused with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'costs Assessment Review' 'jurisdiction to Appeal From Costs Certificates' 'finality of Litigation' 'owners Corporation Duties']
['appeals' 'costs' 'civil Procedure' 'strata Schemes'] ['extension of Time to Appeal' 'leave to Appeal' 'costs Assessment Review' 'jurisdiction to Appeal From Costs Certificates' 'finality of Litigation' 'owners Corporation Duties']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Dismissal of Amended Summons in the Supreme Court of New South Wales Common Law Division

Legal Issues

  1. 1 ['Whether the Supreme Court had jurisdiction to hear an appeal from costs assessment certificates and a Costs Review Panel decision in proceedings commenced before 1 July 2015.' 'Whether time should be extended to permit the applicants to appeal from the Local Court orders made on 30 November 2016.' 'Whether alleged new evidence concerning whether a plumber was turned away justified an extension of time or provided an arguable ground of appeal.' 'Whether the later reversal of McElwaine v The Owners – Strata Plan No 75975 justified reopening or extending time to appeal from the Local Court decision.' 'Whether leave to appeal to the Court of Appeal should be granted.']

Ratio Decidendi

Leave to appeal was refused because the primary judge made no error in holding that the Supreme Court had no jurisdiction to entertain an appeal from the costs assessment certificates in the circumstances, and the applicants did not adequately explain or justify the delay of about two years and seven months in seeking to challenge the Local Court orders. The alleged new evidence did not provide a substantial basis for appeal, and the later reversal of McElwaine did not justify extending time after the Local Court judgment had become final. Even if aspects of the primary judge's discretionary reasoning were open to review, re-exercising the discretion led to the same result because of the...

Court Disposition

Leave to appeal refused with costs.

Orders

  • ['Leave to appeal refused with costs.']