Sethi v The Owners – Strata Plan No 93392 (No 3) [2023] NSWSC 907

Sethi v The Owners – Strata Plan No 93392 (No 3) [2023] NSWSC 907

Mr Sethi failed to demonstrate sufficient cause under UCPR 36.15 for setting aside the orders. His arguments targeted the merits of the prior decision, which are properly appealed, not set aside by re-application. Allegations of denial of natural justice were not substantiated appropriately for the application, and the only relevant statutory provisions did not support his claims.

Parties
Plaintiff: Akhil Sethi; Defendant: The Owners – Strata Plan No 93392; Interested Party: Mr Cho
Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Notice of Motion / Application to Set Aside Earlier Orders
Outcome
Motion filed on 17 July 2023 is dismissed
Legal Topics
Application to Set Aside Earlier Judgment, Interlocutory Orders, Proper Avenue for Appeal, Natural Justice
Civil Procedure Application to Set Aside Earlier Judgment Interlocutory Orders Proper Avenue for Appeal Natural Justice

Case Brief

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Parties

Akhil Sethi

Plaintiff

The Owners – Strata Plan No 93392

Defendant

Mr Cho

Interested Party

Procedural Posture

Notice of Motion / Application to Set Aside Earlier Orders

Legal Issues

  1. 1 Whether sufficient cause is shown to set aside previous orders under UCPR 36.15
  2. 2 Whether UCPR 36.16 or Civil Procedure Act s 63 provide grounds to set aside orders
  3. 3 Whether alleged denial of natural justice justifies setting aside orders

Ratio Decidendi

Mr Sethi failed to demonstrate sufficient cause under UCPR 36.15 for setting aside the orders. His arguments targeted the merits of the prior decision, which are properly appealed, not set aside by re-application. Allegations of denial of natural justice were not substantiated appropriately for the application, and the only relevant statutory provisions did not support his claims.

Court Disposition

Motion filed on 17 July 2023 is dismissed

Orders

  • Relief sought in the notice of motion filed on 17 July 2023 is refused
  • Costs order stands