Duraisamy v Sydney Trains

[2020] HCASL 8

DURAISAMY

v

SYDNEY TRAINS

[2020] HCASL 8
S323/2019

1. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Bell P, Macfarlan and Payne JJA agreeing) dismissing the applicant's application for an extension of time to file a summons seeking leave to appeal from proceedings in the Supreme Court of New South Wales, the District Court of New South Wales and the Local Court of New South Wales and the applicant's further application for an extension of time to seek judicial review of the decision of the Local Court, the applicant recognising that his application for leave to appeal was incompetent in relation to that decision. The orders in the Local Court dismissed a statement of claim pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) ("the UCPR") with costs fixed at $547.00. The orders in the District Court dismissed the applicant's proceedings pursuant to r 13.4 of the UCPR with costs. The orders in the Supreme Court stayed the proceedings brought by the applicant in that Court until the costs in the Local Court and the District Court had been paid.

2. The application concerns matters of practice and procedure and the application of settled principles.  There is no reason to doubt the correctness of the Court of Appeal's judgment.  Special leave should be refused.

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle	M.M Gordon
5 February 2020