Liristis v White

Case [2025] NSWCA 19


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

  1. 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.

  2. 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’…

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Details
AGLC
Liristis v White [2025] NSWCA 19
Case
[2025] NSWCA 19
Decision Date

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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