Kerswell v Owners of Strata Plan No. 71241

The appeal before the court involves Kerswell, the self-represented plaintiff, against the Owners of Strata Plan No. 71241. The dispute originated in the Local Court, where Kerswell sought relief under a summons. The primary contention was whether Kerswell had fulfilled the Registrar’s orders in relation to the preparation of a transcript for the appeal. The case was brought to the court on the basis that the plaintiff did not have the necessary transcript available at the time of the appeal, although it was subsequently ordered by the Registrar.

The court had to determine whether Kerswell, who was unrepresented, had adhered to the procedural requirements outlined in the Uniform Civil Procedure Rules 2005 (NSW). Specifically, rule 50.14 was pertinent as it addresses the submission of transcripts for appeal. The evidence presented before the Local Court indicated that the plaintiff expressed a desire to proceed with the appeal despite the absence of the required transcript. This raised the issue of whether the plaintiff’s intentions, as communicated to the lower court, were sufficient to satisfy the procedural obligations under the rules.

The court considered the circumstances of the case, including the plaintiff's status as a self-represented litigant and the explicit orders from the Registrar regarding the transcript. The court concluded that while the plaintiff had indicated a wish to proceed with the appeal, this did not absolve them from the necessity of complying with procedural mandates. Consequently, the appeal was dismissed due to the plaintiff's non-compliance with the Registrar's orders pertaining to the transcript. The court emphasised the importance of adhering to procedural rules, especially for self-represented litigants, to ensure fairness and due process.