Murphy v Arnoldus-Lewis

The Supreme Court of New South Wales, Court of Appeal, heard an appeal concerning an order made by the Small Claims Division of the Local Court. The dispute involved the appellant, Murphy, and the respondent, Arnoldus-Lewis, and arose from a judicial review application concerning a decision made by the Local Court.

The primary legal issues before the Court of Appeal were whether the Local Court had made a jurisdictional error in its original decision and, in relation to costs, whether the power to award costs extended beyond legal professional costs to include the travel and other expenses incurred by a non-lawyer litigant.

The Court of Appeal found that the Small Claims Division of the Local Court had made an order without the requisite power, constituting a jurisdictional error. Regarding the costs issue, the Court held that the power to award costs under the relevant legislation did not extend to reimbursing a non-lawyer litigant for their travel and other expenses.

The summons for leave to appeal was dismissed, and the appellant was ordered to pay the respondent's costs.