Kishore v Transit Systems West Pty Ltd

District Court

New South Wales

Medium Neutral Citation:

Kishore v Transit Systems West Pty Ltd [2022] NSWDC 93

Hearing dates:

31 March 2022

Date of orders:

31 March 2022

Decision date:

31 March 2022

Jurisdiction:

Civil

Before:

Judge Levy SC

Decision:

1. The plaintiff’s summons filed on 9 February 2022 is dismissed;

2. The plaintiff is to pay the defendant’s costs of the dismissed summons;

3. With the consent of the parties the basis and the extent of the costs referred to in Order 2 are to be determined on the papers following consideration of written submissions on costs which are to be completed by the parties within 7 days.

Catchwords:

APPEAL FROM LOCAL COURT – summons seeking leave to appeal from decision of Small Claims Division – rejection of claim of lack of jurisdiction – rejection of claim of denial of procedural fairness – summons dismissed

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 35, s 56 to s 58

Local Court Act 2007 (NSW), s 36, s 39

Cases Cited:

Eliezer v The Council of St Andrew's Cathedral School [2021] NSWCA 144

National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296; [1984] HCA 29

Strbak v Newton (NSWCA, unreported 18 July 1989)

Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287

Xuereb v Viola [1989] 18 NSWLR 453

Category:

Principal judgment

Parties:

Chandra Kishore (Plaintiff)
Transit Systems West Pty Ltd (Defendant)

Representation:

Counsel:
Ms J Kishore, solicitor (Plaintiff)
Mr C Micali (Defendant)

Solicitors:
A&J Montgomery Legal (Plaintiff)
Kemp & Co Lawyers (Defendant)

File Number(s):

2022/38072

Publication restriction:

None

Judgment

Summons

1. By summons filed on 9 February 2022, the plaintiff, Mr Chandra Kishore, seeks to appeal a decision made by the Small Claims Division of the Local Court on 12 January 2022. He is dissatisfied with that decision. In those proceedings, the defendant, Transit Systems West Pty Ltd, obtained a judgment against the plaintiff in the sum of $3168.96 as compensation for negligent damage to its bus in a road accident involving the parties on 5 November 2019. These proceedings are governed by the provisions of the Local Court Act 2007 (NSW) and the Civil Procedure Act 2005 (NSW).

Legislation

2. Section 39(2) of the Local Court Act 2007 (NSW) provides a limited basis for a dissatisfied litigant to appeal to this Court from a decision of the Small Claims Division:

“39 Appeals as of right

(1) ...

(2) A party to proceedings before the Court sitting in its Small Claims Division who is dissatisfied with a judgment or order of the Court may appeal to the District Court, but only on the ground of lack of jurisdiction or denial of procedural fairness.”

3. The applicable policy considerations embedded in the Local Court Act 2007 concern the quick, cheap, efficient and informal disposition of proceedings in the Small Claims Division of the Local Court: Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287, at [101]. In addition, any…