Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Sha v Strata Plus Pty Ltd [2022] NSWCATCD 8 Hearing dates: 31 January 2022 Date of orders: 2 February 2022 Decision date: 02 February 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The proceedings as against the first respondent are dismissed.
(2) The application of the first respondent filed on 9 December 2021 is otherwise dismissed.
(3) The application of the second respondent filed on 2 December 2021 is dismissed.
(4) The application of the third respondent filed on 8 December 2021 is dismissed.
(5) The hearing fixed for 18 February 2022 is vacated.
(6) The applicant is to provide in hard copy to the second and third respondents and the Tribunal, either in person or by post, all documents (see note 3 at [85] below) on which the applicant seeks to rely at the hearing, and a statement of the orders that the applicant is seeking, by 2 March 2022.
(7) Each of the second and third respondents is to provide in hard copy to the applicant, each other and the Tribunal, either in person or by post, by 30 March 2022:
(a) the respondent’s points of defence (see note 2 at [85] below), and any cross application and points of cross claim (see note 1 at [85] below);
(b) all documents (see note 3 at [85] below) on which the respondent seeks to rely at the hearing in response to the claim of the applicant.
(8) The proceedings are adjourned for directions to a date after 30 March 2022 to be fixed by the Registrar.
Catchwords: CIVIL PROCEDURE - Summary disposal - Dismissal of proceedings - Frivolous or vexatious proceedings - No reasonable cause of action disclosed - Want of due despatch
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW)
Competition and Consumer Act 2010 (Cth)
Strata Schemes Management Act 2015 (NSW)
Cases Cited: BDK v Department of Education and Communities [2015] NSWCATAP 129
Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 (No 2) [2016] NSWCATAP 224
Brunsprop Pty Ltd v Joanne Hay & Wes Davies [2015] NSWCATAP 152
CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21
EJE v Western Sydney Local Health District [2021] NSWCATAP 247
eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94
Flight Centre Travel Group Limited T/A Aunt Betty v Goel [2021] NSWCATAP 44
Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93
Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63
The Owners – Strata Plan No. 76929 v Baldwin [2021] NSWCATAP 420
The Owners – Strata Plan 5319 v Price [2020] NSWCATAP 245
Vickery v The Owners Strata Plan 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284
Texts Cited: NCAT Procedural Direction 3 for Expert Witnesses
Category: Procedural rulings Parties: Guanya Sha (Applicant)
Strata Plus Pty Ltd (First Respondent)
Parkview Constructions Pty Ltd (Second Respondent)
The…
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- AGLC
- Sha v Strata Plus Pty Ltd [2022] NSWCATCD 8
- Case
- [2022] NSWCATCD 8
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the proceedings were frivolous or vexatious, and whether the plaintiff had disclosed a reasonable cause of action. Additionally, the court had to consider whether there had been a lack of due despatch in the conduct of the proceedings.
The court found that the plaintiff had not disclosed a reasonable cause of action. Furthermore, the proceedings were deemed to be frivolous or vexatious, and there was a notable want of due despatch. Consequently, the court dismissed the proceedings against the first respondent, and also dismissed the applications of the second and third respondents. The scheduled hearing was vacated, and the court issued specific orders regarding the provision of documents and statements of orders, points of defence, and cross applications. The proceedings were adjourned for further directions to be set after 30 March 2022.
Orders
Orders of the court
(1) The proceedings as against the first respondent are dismissed.
(2) The application of the first respondent filed on 9 December 2021 is otherwise dismissed.
(3) The application of the second respondent filed on 2 December 2021 is dismissed.
(4) The application of the third respondent filed on 8 December 2021 is dismissed.
(5) The hearing fixed for 18 February 2022 is vacated.
(6) The applicant is to provide in hard copy to the second and third respondents and the Tribunal, either in person or by post, all documents (see note 3 at [85] below) on which the applicant seeks to rely at the hearing, and a statement of the orders that the applicant is seeking, by 2 March 2022.
(7) Each of the second and third respondents is to provide in hard copy to the applicant, each other and the Tribunal, either in person or by post, by 30 March 2022:
(a) the respondent’s points of defence (see note 2 at [85] below), and any cross application and points of cross claim (see note 1 at [85] below);
(b) all documents (see note 3 at [85] below) on which the respondent seeks to rely at the hearing in response to the claim of the applicant.
(8) The proceedings are adjourned for directions to a date after 30 March 2022 to be fixed by the Registrar.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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