Eliezer v The Owners - Strata Plan No 51682

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Eliezer v The Owners – Strata Plan No 51682 [2017] NSWCA 325

Hearing dates:

7 December 2017

Decision date:

07 December 2017

Before:

Basten JA at [15];
Meagher JA at [1]

Decision:

1.   Amended summons seeking leave to appeal from the judgments delivered and from the orders made by N Adams J on 22 March 2017 and Garling J on 15 June 2017 be dismissed.

 2.   The applicant is to pay the first respondent's costs in this Court ‑ that is, the costs incurred only by the owners corporation ‑ as agreed or assessed.

Catchwords:

PRACTICE AND PROCEDURE – leave to appeal from summary dismissal of tortious claims for malicious prosecution and abuse of process – where relevant proceedings have not terminated – where immediate purpose for bringing proceedings was proper – whether manifest error or question of principle warranting leave – no such error or principle

  PRACTICE AND PROCEDURE – leave to appeal from interlocutory decision dismissing application to join husband of applicant as second plaintiff, and amend statement of claim – no utility granting leave where underlying proceedings dismissed

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW), rr 4.10, 13.4, 6.19, 14.28
Strata Schemes Management Act 1996 (NSW), s 80
Supreme Court Act 1970 (NSW), s 101(2)(e)

Cases Cited:

A v New South Wales (2007) 230 CLR 500; [2007] HCA 10
PNJ v The Queen [2009] HCA 6; (2009) 83 ALJR 384
Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34

Category:

Procedural and other rulings

Parties:

Supriya Eliezer (Applicant)

  The Owners – Strata Plan 51682 (First respondent)
Australian Property Managers Pty Ltd (Second respondent)
Peter Woodbury (Third respondent)
Frances Li (Fourth respondent)
Wanqlang Yang (Fifth respondent)
Meimei Xie (Sixth respondent)
Zhisheng Duan (Seventh respondent)
Wei Li Yu (Eighth respondent)
Xin Wang (Ninth respondent)
Ping Kwan Lo (Tenth respondent)
Leng Lin Leong (Eleventh respondent)

Representation:

Counsel:

 

Applicant in person

 

M Klooster (First respondent)
A McGeady (Second, third and fourth respondents)
F Krstic (Fifth and sixth respondents)
D Lamb (Seventh, eighth, tenth and eleventh respondents)
G Li (Ninth respondent)

 

Solicitors:

  Gilbert M. Johnstone & Co (First, seventh, eighth, tenth and eleventh respondents)
Jemmeson & Fisher Solicitors & Accountants (Second, third and fourth respondents)
Colin Biggers & Paisley (Fifth and sixth respondents)
Sun Lawyers (Ninth respondent)

File Number(s):

2017/108095

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2017] NSWSC 278;
[2017] NSWSC 783

Date of Decision:

22 March 2017

Before:

N Adams J;Garling J

File Number(s):

2015/123687

Decisions under appeal

Judgment

1. MEAGHER JA: By her amended summons filed on 14 September 2017, the applicant seeks leave to appeal from two decisions in proceedings in the Common Law Division of the Court. The first in time is a decision of N Adams J: Eliezer v The Owners – Strata Plan No 51682 & Ors [2017] NSWSC 278 and the second, of Garling J: Eliezer v…