Jiang v Dion Group Projects Pty Ltd

In the matter of Jiang v Dion Group Projects Pty Ltd, the plaintiffs, Mr and Mrs Jiang, initiated proceedings against Dion Group Projects Pty Ltd in the Local Court Small Claims Division, seeking damages for alleged breaches of contract and negligence. The defendants, represented by counsel, contested the claims. The Jiangs, who were self-represented, filed their Summons outside the stipulated time frame, leading to the defendants' application for the summons to be dismissed on procedural grounds.

The court was required to determine whether the summons was filed out of time and, if so, whether an extension of time should be granted. Additionally, the court had to consider whether the procedural fairness was denied to the defendants due to the late filing of the summons, and whether the decision of the assessor was correct.

The court held that, although the summons was indeed filed outside the permitted time, the plaintiffs, being unrepresented, were entitled to an extension of time to file their summons. The court recognised the need for a more lenient approach when dealing with self-represented litigants. Consequently, the application to extend time was granted. The court also found that there was no denial of procedural fairness to the defendants, as they had been given an opportunity to respond to the summons. The appeal was dismissed, and the summons was ultimately dismissed as well. The court further ordered the plaintiffs to pay the defendants' costs associated with the summons and the notice of motion.

The final orders of the court were to extend the time for the plaintiffs to file the Summons up to and including the date of filing, dismiss the summons, order the plaintiffs to pay the defendants' costs of and incidental to the summons, dismiss the notice of motion filed by the defendant, and order each party to pay their own costs of and incidental to the notice of motion.