10-12 Wayella Street West Ryde

Questions to ask before you bid

• 1

  What is the capital works (sinking) fund balance, its adequacy ratio, and the 10-year plan?

• 2

  Are any special levies raised, proposed, or scoped-but-not-yet-levied?

• 3

  Can I see the last two years of AGM minutes, including any motions that were defeated?

Litigation

• Eliezer v The Owners – Strata Plan No. 51682 [2020] NSWSC 1600

  Other NSWSC 5 November 2020

  COURTS AND JUDGES — Bias — Apprehended bias – whether a previous decision would cause a reasonable observer to think that the decision maker will not bring a fair mind – application dismissed - no point of principle

• Eliezer v The Owners – Strata Plan No. 51682 [2020] NSWSC 1596

  Costs and procedure NSWSC 5 November 2020

  JUDGMENTS AND ORDERS — Amending, varying and setting aside — application to set aside cost orders - whether orders were made “irregularly, illegally or against good faith” – Rule 36.15 – meaning of “against good faith” – notice of motion dismissed

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

  Costs and procedure NSWCA 7 December 2017

  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 o

• Eliezer v The Owners Strata Plan No 51682 [2017] NSWSC 783

  Costs and procedure NSWSC 15 June 2017

  CIVIL PROCEDURE – order for summary dismissal – alternative order that statement of claim be struck out CIVIL PROCEDURE – summary dismissal – proceedings are vexatious or oppressive – no reasonable cause of action is disclosed – claim for malicious prosecution disclosed no reasonable cause of action – claim of abuse of process vexatious and oppressive

• Eliezer v The Owners - Strata Plan No 51682 and Ors [2017] NSWSC 581

  Costs and procedure NSWSC 9 May 2017

  PRACTICE AND PROCEDURE - application for stay of orders of single Judge pending appeal - Judge refused Applicant leave to file amended pleading and made associated orders - Applicant has filed Notice of Intention to Appeal only - no grounds of appeal identified - stay refused

• Eliezer v The Owners – Strata Plan No 51682 & Ors [2017] NSWSC 278

  Costs and procedure NSWSC 22 March 2017

  PRACTICE AND PROCEDURE – application for leave to join plaintiff’s husband as second plaintiff – where reason for addition of second plaintiff said to be largely practical – proposed second plaintiff has no cause of action in tort – leave refused PRACTICE AND PROCEDURE – application for leave to file amended statement of claim – where Registrar granted leave to amend extant statement claim on a limited basis – amended statement of claim subsequently filed exceeded limitations of that grant of le

• Eliezer v The Owners of Strata Plan No 51682 [2015] NSWSC 1172

  Costs and procedure NSWSC 13 August 2015

  PRACTICE AND PROCEDURE – longstanding dispute regarding block of flats – proceedings on foot in Local Court and Supreme Court – whether Local Court proceedings should be stayed until Supreme Court proceedings are resolved – defendant not opposed to stay COSTS – ex parte application – no notice given to defendant – application unnecessary because of consent of defendant to orders sought – whether the plaintiff should pay the costs of the hearing

Decisions naming this scheme as a party, from NSW Caselaw (NCAT and the courts). The line beneath each matter is the decision's own catchwords, quoted; the topic tag is our grouping of those words and reads "Other" when they do not clearly fit, so you can always check it against the source. Every matter links to the full decision. Whether a matter helped or hurt the scheme is not assessed here.