Sethi v The Owners – Strata Plan 93392 (No 7) [2023] NSWSC 1647

Sethi v The Owners – Strata Plan 93392 (No 7) [2023] NSWSC 1647

The applications were dismissed as the plaintiff provided no substantive basis or evidence for recusal or for setting aside the orders, and failed to comply with court directions.

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Notice of Motion / Post Judgment Applications
Outcome
Applications dismissed
Legal Topics
['recusal Application' 'setting Aside Orders' 'costs']
['civil Procedure'] ['recusal Application' 'setting Aside Orders' 'costs']

Case Brief

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Procedural Posture

Notice of Motion / Post Judgment Applications

Legal Issues

  1. 1 ['Whether there is a basis for recusal of the judge' 'Whether the orders made on 13 November 2023 should be set aside']

Ratio Decidendi

The applications were dismissed as the plaintiff provided no substantive basis or evidence for recusal or for setting aside the orders, and failed to comply with court directions.

Court Disposition

Applications dismissed

Orders

  • ["Dismiss the plaintiff's recusal application." "Dismiss paragraph 1 of the plaintiff's notice of motion filed 13 November 2023." "Order the plaintiff to pay the defendant's costs of the above applications on an indemnity basis."]