Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 274

Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 274

Paragraph 9 of the Summons was summarily dismissed as it was plainly a question of fact, not law, and was inconsistent with Nutek's own case before the Tribunal; no order for security for costs should be made as the Owner is self-represented and has not retained solicitors.

Jurisdiction
Australia
Judgment Date
25 March 2021
Procedural Posture
Notice of Motion and Summons (appeal From Tribunal) / Interlocutory (summary Dismissal; Security for Costs Application)
Outcome
Notice of Motion (for summary dismissal and security for costs): Dismissed except as to summary dismissal of paragraph 9 of the Summons; costs in the cause.
Legal Topics
['summary Dismissal' 'security for Costs' 'appeal From Tribunal' 'contract Construction']
['civil Procedure'] ['summary Dismissal' 'security for Costs' 'appeal From Tribunal' 'contract Construction']

Case Brief

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Procedural Posture

Notice of Motion and Summons (appeal From Tribunal) / Interlocutory (summary Dismissal; Security for Costs Application)

Legal Issues

  1. 1 ['Whether paragraph 9 of the Summons discloses an error of law justifying leave to appeal' 'Whether the Summons should be summarily dismissed' 'Whether security for costs should be ordered where the defendant is self-represented']

Ratio Decidendi

Paragraph 9 of the Summons was summarily dismissed as it was plainly a question of fact, not law, and was inconsistent with Nutek's own case before the Tribunal; no order for security for costs should be made as the Owner is self-represented and has not retained solicitors.

Court Disposition

Notice of Motion (for summary dismissal and security for costs): Dismissed except as to summary dismissal of paragraph 9 of the Summons; costs in the cause.

Orders

  • ['Summarily dismiss paragraph 9 of the Summons filed 17 November 2020.' 'Otherwise dismiss the Notice of Motion filed by the defendant on 24 November 2020.' 'Order that the costs of the Notice of Motion be costs in the cause.']