Liristis v White

[2024] NSWDC 557

District Court

New South Wales

Medium Neutral Citation:

Liristis and Anor v White [2024] NSWDC 557

Hearing dates:

12, 25 November 2024

Date of orders:

26 November 2024

Decision date:

26 November 2024

Jurisdiction:

Civil

Before:

Abadee DCJ

Decision:

See paragraph [91]

Catchwords:

CIVIL PROCEDURE – transfer of proceeding from Local Court to District Court – first plaintiff commenced Local Court proceeding for property damage to a motor vehicle arising from an accident – whilst Local Court proceeding pending, first plaintiff commences a proceeding in the District Court based on the same accident, but with an added claim for damages for personal injury – transfer application determined adversely to the plaintiff by a Judge of the Court – whether transfer application was properly before the Judge – presumption of regularity – subsequent to that adverse determination, whether first plaintiff has file a Summons in the District Court through which he brings the same transfer application – consideration of principles relating to successive interlocutory applications

CIVIL PROCEDURE – recusal application after resumption of a hearing that was part-heard

CIVIL PROCEDURE – transfer application abandoned – plaintiff applies for leave to discontinue – contest over costs consequences – whether reasonable for the plaintiff to have commenced the proceeding

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss, 56, 60, 140(2)

Motor Accident Injury Act 2017 (NSW), ss, 4.1-4.2

Uniform Civil Procedure Rules 2005 (NSW), rr, 6.2-6.4, 6.6, 15.12, 18, 36.15-16

Births, Deaths and Marriages Registration Act 1995 (NSW)

Cases Cited:

Bajramovic v Calubaquid (2015) 71 MVR 15

Gunter v State Transit Authority of NSW (2004) 61 NSWLR 414

Liu v The Age Company Pty Ltd (2016) 92 NSWLR 679

Minister for Natural Resources v NSW Aboriginal Council (1987) 9 NSWLR 154

Restaino v Urban Purveyor Group Pty Ltd [2021] NSWSC 1164

Riddell v R [2024] NSWCCA 46

Zakaria v Noyce [2012] NSWSC 981

Collier v Country Women’s Association of NSW [2018] NSWCA 36

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337

Re JRL; Ex p CJL (1986) 161 CLR 342

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

Mr Tony Liristis (Plaintiff)
Mr Brian White (Defendant)

Representation:

Counsel:
Plaintiff (Self-represented)
Mr J Sukkar (Defendant)

Solicitors:
Hall & Wilcox Lawyers (Defendant)

File Number(s):

2024/00400930

Publication restriction:

Nil

JUDGMENT

Background

The Local Court proceeding

1. On 3 November 2023 Mr Tony Liristis commenced a proceeding solely in his own name against Brian Leslie White in the Penrith Local Court number 2023/349643 (the Local Court Proceeding). It was filed in the form of an Unliquidated Statement of Claim. By that proceeding, Mr Liristis brought a claim for damages arising from the collision of two vehicles on 26 October 2023. Notwithstanding the description of his claim as being ‘unliquidated’, under the section of the Court document titled “Relief Claimed”, at point one, it was indicated that what Mr Liristis sought was an order that Mr White pay a sum of $12,650. In his pleading, Mr Liristis alleged that he was using his vehicle to pick up food…