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Liristis v White

Liristis v White

Case [2025] NSWCA 19 24 February 2025

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Court of Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Liristis v White [2025] NSWCA 19
Hearing dates: 17, 24 February 2025
Date of orders: 24 February 2025
Decision date: 24 February 2025
Before: Price AJA
Decision:
(1) The Local Court proceedings file number 2023/349463 be stayed until the appellant’s summons seeking leave to appeal is determined.
(2) No order as to costs.

Catchwords:
APPEALS – procedure – application for stay of proceedings pending hearing of summons seeking leave to appeal – where proceedings commenced in Local Court – motor vehicle accident – where respondent admits liability – whether damages exceed the jurisdictional limit of the Local Court – whether merit in the appellant’s appeal – whether failure to grant a stay will render the appeal nugatory – consideration of the competing interests of the parties – whether grant of stay least likely to lead to an injustice

Legislation Cited:
Civil Procedure Act 2005 (NSW), ss 56, 58
District Court Act 1973 (NSW), ss 4(1), 44(1)
Local Court Act 2007 (NSW), s 29
Supreme Court Act 1970 (NSW), s 101(2)(e)
Uniform Civil Procedure Rules 2005 (NSW), rr 51.10, 51.12

Cases Cited:
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685
Arsalan v Rixon (2021) 274 CLR 606; [2021] HCA 40
Foundas v Arambatzis (No 6) [2024] NSWCA 231
Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383
Lawrence v Gunner [2015] NSWCA 322
Liristisv White [2024] NSWDC 557
Liristis v White [2024] NSWSC 1654
Nguyen v Nguyen [2021] NSWCA 161

Category: Procedural rulings
Parties: Tony Liristis (Appellant) (self-represented)
Brian Leslie White (Respondent)
Representation:
Counsel:
J Sukkar (Respondent)
Solicitors:
Hall & Wilcox Lawyers (Respondent)

File Number(s): 2025/46813
Publication restriction: Nil
Decision under appeal

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity Division (Duty List)

Citation:

[2024] NSWSC 1654

Date of Decision:

20 December 2024

Before:

Meek J

File Number(s):

2024/467512

JUDGMENT

HIS HONOUR: Before this Court is an application by the appellant, Mr Tony Liristis for a stay of the proceedings currently on foot in the Local Court (2023/349463) until the appeal against two judgments of the District Court delivered on 24 October 2024 by Newlinds DCJ (ex tempore) and on 26 November 2024 by Abadee DCJ (Liristis v White [2024] NSWDC 557), and the Supreme Court judgment of Meek J given on 20 December 2024 is heard: Liristis v White [2024] NSWSC 1654.
By an amended notice of motion filed in Court with leave on 17 February 2025, the appellant seeks the following orders:

“1. The Supreme Court of NSW with its inherent power, ‘Stay’ the Local Court Proceedings file #2023/00349463 until the Appellants Appeals are heard, in accordance with,
a. Section 67 of the Civil Procedure Act 2005, (Stay of Proceedings)
b. Section 142 (1) of the Civil Procedure Act 2005, (Stay of Proceedings in Lower Court)

2. The Supreme Court of NSW with its inherent power, ‘Stay’…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Liristis v White

Details

AGLC: Liristis v White [2025] NSWCA 19
Case: [2025] NSWCA 19
Decision Date: 24 February 2025

CaseChat Overview and Summary

The appellant, Liristis, sought a stay of proceedings in the Local Court against the respondent, White, pending the determination of a summons seeking leave to appeal. The underlying dispute concerned a motor vehicle accident in which the respondent admitted liability. The central issue was whether the damages claimed by the appellant exceeded the jurisdictional limit of the Local Court.

The court was required to determine whether to grant a stay of the Local Court proceedings. This involved assessing the merit of the appellant's intended appeal, considering whether a failure to grant a stay would render the appeal nugatory, and balancing the competing interests of both parties. The court also had to consider which outcome was least likely to lead to an injustice.

In reaching its decision, the court applied principles relating to the grant of stays pending appeal. It considered the potential for the appeal to become academic if the Local Court proceedings were allowed to continue and the damages awarded exceeded the jurisdictional limit. The court weighed the appellant's interest in pursuing their appeal without the risk of the proceedings being finalised in a court lacking jurisdiction against the respondent's interest in having the matter resolved.

The court ordered that the Local Court proceedings be stayed until the appellant's summons seeking leave to appeal was determined, with no order as to costs.

Orders

Orders of the court

(1) The Local Court proceedings file number 2023/349463 be stayed until the appellant’s summons seeking leave to appeal is determined.

(2) No order as to costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

Liristis v White [2025] NSWCA 19

Cases citing this decision · 0 of 0 shown

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Cases cited in this decision · 13 of 13 shown

Liristis v White
[2024] NSWSC 1654 Para 1

…024 by Abadee DCJ ( Liristis v White [2024] NSWDC 557), and the Supreme Court judgment of Meek J given on 20 December 2024 is heard: Liristis v White [2024] NSWSC 1654.…
Liristis v White
[2024] NSWDC 557 Para 1

…wo judgments of the District Court delivered on 24 October 2024 by Newlinds DCJ (ex tempore) and on 26 November 2024 by Abadee DCJ ( Liristis v White [2024] NSWDC 557), and the Supreme Court judgment of Meek J given on 20 December 2024 is heard: Liristis v White [2024] NSWSC 1654.…
Foundas v Arambatzis (No 6)
[2024] NSWCA 231 Para 15

…lso useful to set out the Court of Appeal’s recent summary of the applicable principles for a stay pending an appeal in Foundas v Arambatzis (No 6) [2024] NSWCA 231 at [45]-[47] (Ward P, White and Kirk JJA) (“ Foundas ”):…
Arsalan v Rixon
[2021] HCA 40 Para 45

…n the costs of hiring a substitute vehicle that is “broadly equivalent” to the appellant’s damaged vehicle: Arsalan v Rixon (2021) 274 CLR 606; [2021] HCA 40 at [2] (Kiefel CJ, Gageler (as his Honour then was), Keane, Edelman and Steward JJ) (“ Arsalan ”). Importantly, the High Court observed in Arsalan at [3] t…
Nguyen v Nguyen
[2021] NSWCA 161 Para 27

…e Court to do justice between the parties, thereby ensuring that the time limitation does not become an instrument of injustice”: Nguyen v Nguyen [2021] NSWCA 161 at [12]. The appellant has not, at the present time provided an explanation for the delay.…
Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd
[2017] NSWCA 331

…inted) (1985) 2 NSWLR 685 at 695; Vaughan v Dawson [2008] NSWCA 169 at [17]). [46] In Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd [2017] NSWCA 331 Basten JA said: [15] The established basis upon which this Court may intervene to grant such relief pending an appeal is, in broad terms, to prevent the…
Lawrence v Gunner
[2015] NSWCA 322 Para 14

…The applicable principles were conveniently summarised by Gleeson JA in Lawrence v Gunner [2015] NSWCA 322 at [11]-[13] as follows:…
Bobolas v Waverley Council
[2014] NSWCA 131

…that fairly take account of the competing interests of the parties ( Alexander v Cambridge Credit Corporation Ltd at 694; Bobolas v Waverley Council [2014] NSWCA 131). The strength of the proposed appeal can also be a relevant factor if an assessment about the appellant’s prospects of success can be assessed havin…
Vaughan v Dawson
[2008] NSWCA 169 Para 17

…ly to be productive of injustice ( Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 at 695; Vaughan v Dawson [2008] NSWCA 169 at [17]). [46] In Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd [2017] NSWCA 331 Basten JA said: [15] The established basis upon which this…
Kalifair Pty Ltd v Digi-Tech (Australia) Ltd
[2002] NSWCA 383 Para 13

…dit Corporation Ltd (1985) 2 NSWLR 685 at 694-695 (Kirby P, Hope and McHugh JJA); Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 at [17]-[20] (Handley, Sheller and Ipp JJA) (“ Kalifair ”).…
TCN Channel 9 Pty Ltd v Antoniadis (No 2)
[1999] NSWCA 104 Para 15

…appeal succeeds, or by demonstrating that unless a stay is granted the appeal will be rendered nugatory: TCN Channel 9 Pty Ltd v Antoniadis (No 2) [1999] NSWCA 104; 48 NSWLR 381 at [15]. The Court will weigh considerations such as the balance of convenience and the competing rights of the parties. [12] It is for t…
TCN Channel 9 Pty Limited v Antoniadis
[1997] NSWCA 306 Para 15

…or by demonstrating that unless a stay is granted the appeal will be rendered nugatory: TCN Channel 9 Pty Ltd v Antoniadis (No 2) [1999] NSWCA 104; 48 NSWLR 381 at [15]. The Court will weigh considerations such as the balance of convenience and the competing rights of the parties. [12] It is for the applicant t…
Alexander v Cambridge Credit Corporation Ltd
(1987) 9 NSWLR 310

…is on the applicants to persuade the Court that a stay would be the fairest outcome and the outcome least likely to be productive of injustice ( Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 at 695; Vaughan v Dawson [2008] NSWCA 169 at [17]). [46] In Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd [2017] NSWCA 331 Bast…

Legislation cited in this decision · 5

Civil Procedure Act 2005 (NSW)
56, 58 3 mentions (from Para 44)
Uniform Civil Procedure Rules 2005 (NSW)
51.10, 51.12 3 mentions (from Para 8)
District Court Act 1973 (NSW)
4(1), 44(1) 2 mentions (from Para 36)
Local Court Act 2007 (NSW)
29, 29) 2 mentions (from Para 4)
Supreme Court Act 1970 (NSW)
101(2)(e) 1 mention (from Para 6)

Medium Neutral Citation:	Liristis v White [2025] NSWCA 19
Hearing dates:	17, 24 February 2025
Date of orders:	24 February 2025
Decision date:	24 February 2025
Before:	Price AJA
Decision:	(1) The Local Court proceedings file number 2023/349463 be stayed until the appellant’s summons seeking leave to appeal is determined. (2) No order as to costs.
Catchwords:	APPEALS – procedure – application for stay of proceedings pending hearing of summons seeking leave to appeal – where proceedings commenced in Local Court – motor vehicle accident – where respondent admits liability – whether damages exceed the jurisdictional limit of the Local Court – whether merit in the appellant’s appeal – whether failure to grant a stay will render the appeal nugatory – consideration of the competing interests of the parties – whether grant of stay least likely to lead to an injustice
Legislation Cited:	Civil Procedure Act 2005 (NSW), ss 56, 58 District Court Act 1973 (NSW), ss 4(1), 44(1) Local Court Act 2007 (NSW), s 29 Supreme Court Act 1970 (NSW), s 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW), rr 51.10, 51.12
Cases Cited:	Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Arsalan v Rixon (2021) 274 CLR 606; [2021] HCA 40 Foundas v Arambatzis (No 6) [2024] NSWCA 231 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Lawrence v Gunner [2015] NSWCA 322 Liristisv White [2024] NSWDC 557 Liristis v White [2024] NSWSC 1654 Nguyen v Nguyen [2021] NSWCA 161
Category:	Procedural rulings
Parties:	Tony Liristis (Appellant) (self-represented) Brian Leslie White (Respondent)
Representation:	Counsel: J Sukkar (Respondent) Solicitors: Hall & Wilcox Lawyers (Respondent)
File Number(s):	2025/46813
Publication restriction:	Nil
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division (Duty List) Citation: [2024] NSWSC 1654 Date of Decision: 20 December 2024 Before: Meek J File Number(s): 2024/467512