Event and Time
Event Description
- Case Title: Sethi v The Owners Strata Plan No 93392 (No 6) [2023] NSWSC 1368
- Date: 13 November 2023
- The plaintiff sought the recusal of the judge shortly after the judge dismissed the plaintiff’s claim and delivered reasons for that dismissal.
Application and Claims
- The plaintiff’s application included a request for the judge to recuse herself, allegedly based on a belief that the judge had a hidden and malicious agenda.
- The plaintiff also filed a notice of motion seeking to set aside the orders made on 13 November 2023, which included seeking amendments, explaining claims under the Uniform Civil Procedure Rules 2005 (NSW).
Judicial Decisions
1. The judge dismissed the recusal application, finding no substantive basis for the request. 2. The application to set aside the orders was also dismissed, as the plaintiff failed to engage meaningfully with the requisite legal provisions. 3. The judge ordered the plaintiff to pay the defendant’s costs on an indemnity basis.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Position:
- Claimed that the judge should recuse herself due to a perceived hidden agenda. - Filed a motion to set aside the previous orders and sought to bring forward additional claims.
- Defendant’s Position:
- Argued that the plaintiff failed to substantiate the grounds for recusal. - Contended that the plaintiff did not adequately engage with the Uniform Civil Procedure Rules in his applications.
Ruling and Impact
Ruling Result
- The judge ruled that: