Murphy v Arnoldus-Lewis

[2009] NSWCA 142

New South Wales

Court of Appeal

CITATION:	Murphy v Arnoldus-Lewis & Anor [2009] NSWCA 142
HEARING DATE(S):	On the papers
JUDGMENT DATE:	9 June 2009
JUDGMENT OF:	Tobias JA at 1; Macfarlan JA at 2
DECISION:	Summons for leave to appeal filed on 17 February 2009 is dismissed with costs.
CATCHWORDS:	PROCEDURE - power to award costs - does not extend beyond legal professional costs to travel and other expenses of non-lawyer litigant - ADMINISTRATIVE LAW - judicial review - jurisdictional error - order made by Small Claims Division of Local Court without power
LEGISLATION CITED:	Local Courts Act 1982
CATEGORY:	Procedural and other rulings
CASES CITED:	Bakers Delight Holdings Limited v Industrial Court of New South Wales [2009] NSWCA 126 Cachia v Hanes [1994] HCA 14; (1993-4) 179 CLR 403 Craig v South Australia [1995] HCA 58; (1994-5) 184 CLR 163 Kirk Group Holdings Pty Ltd v Workcover Authority of New South Wales [2006] NSWCA 172; (2006) 66 NSWLR 151 Lawrence v Nikolaidis & Co [2003] NSWCA 129; (2003) 57 NSWLR 355 The Queen v Gray; ex parte Marsh [1985] HCA 67; (1984-5) 157 CLR 351
PARTIES:	Patrick F Murphy T/as North Coast Investigations (Applicant) Dr Lynette Arnoldus-Lewis (First Respondent) Aaldrick Arnoldus (Second Respondent)
FILE NUMBER(S):	CA 40035/09
COUNSEL:	In person (Applicant) Mr T Mehigan (Respondents)
SOLICITORS:	In person (Applicant) Somerville Laundry Lomax (Respondents)
LOWER COURT JURISDICTION:	Supreme Court
LOWER COURT FILE NUMBER(S):	SC 10752/08
LOWER COURT JUDICIAL OFFICER:	McCallum J
LOWER COURT DATE OF DECISION:	23 October 2008
LOWER COURT MEDIUM NEUTRAL CITATION:	Arnoldus-Lewis v Murphy [2008] NSWSC 1103

CA 40035/09
SC 19752/08

TOBIAS JA
MACFARLAN JA

TUESDAY 9 JUNE 2009

MURPHY v ARNOLDUS-LEWIS

Judgment

1 TOBIAS JA: I agree with Macfarlan JA. Accordingly, the order of the Court is that the summons for leave to appeal filed on 17 February 2009 is dismissed with costs.

2 MACFARLAN JA: This is an application for leave to appeal from a decision of McCallum J ([2008] NSWSC 1103) by which her Honour allowed an appeal from a decision of the Small Claims Division of the Local Court. The parties to the application for leave have consented to the application being determined without an oral hearing pursuant to rule 51.15 of the Uniform Civil Procedure Rules 2005.

3 The claim in the Local Court was one by the applicant (“Mr Murphy”) for unpaid fees for services provided to Dr Arnoldus-Lewis and her husband Mr Arnoldus (“the respondents”) by Mr Murphy as a commercial agent. The magistrate ordered judgment in his favour in the sum of $3,204 together with interest. As Mr Murphy was not represented by a lawyer in the proceedings, he was not awarded legal costs. He was however also awarded $4,313 by way of “expenses”. As McCallum J said:

“2 Most of the expenses awarded were Mr Murphy’s costs of travelling to Court after the proceedings were transferred to Casino and the time he spent attending that Court on 5…