Aldous v State of New South Wales

The appeal concerned an order for summary judgment made by a primary judge of the District Court of New South Wales against an unrepresented defendant. The plaintiff had sought an order striking out the defendant's defence, which the defendant had drafted himself. The primary judge, believing the defence disclosed no valid ground of defence, proceeded to grant summary judgment for the plaintiff without a formal application for that relief having been made, and without intimating to the defendant that summary judgment was a potential outcome.

The central legal issue before the Court of Appeal was whether the primary judge's decision to grant summary judgment breached the principles of procedural fairness and natural justice. Specifically, the court had to determine if the defendant was afforded a proper opportunity to be heard on the question of summary judgment, given that it was not the relief sought by the plaintiff and was not foreshadowed by the court.

The Court of Appeal found that the primary judge had erred by ordering summary judgment without proper notice to the unrepresented defendant. The court held that the defendant was entitled to be informed that summary judgment was being contemplated and to have an opportunity to make submissions on that specific issue. Consequently, the appeal was allowed, the summary judgment was set aside, and the defendant was granted leave to replead his defence. The court also made orders regarding the costs of the motion in the District Court and the costs and filing fees in the Court of Appeal.