O'Meara v Adams (No 2)

Case [2021] NSWSC 1167


Supreme Court


New South Wales

Medium Neutral Citation: O’Meara v Adams (No 2) [2021] NSWSC 1167
Hearing dates: 4 November 2020
Date of orders: 15 September 2021
Decision date: 15 September 2021
Jurisdiction:Common Law
Before: Campbell J
Decision:

The appeal is dismissed

Catchwords:

APPEALS – From Local Court – Appeal as of right on questions of law – Appeal by leave on mixed question of fact and law – Leave not granted – Procedural fairness – Apprehended bias – No basis for apprehended bias – Erroneous agreement on applicable law between parties does not bind decision-maker when decision-maker’s view is drawn to parties – Magistrate acted appropriately in discharge of duty – No error

DAMAGES – Inclusion of GST in damages for claim in conversion – No error

Legislation Cited:

Local Court Act 2007 (NSW) ss 39, 40

Australian Consumer Law s 18

Cases Cited:

Attorney-General (NSW) v X (2000) 49 NSWLR 653; [2000] NSWCA 199

Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139

Bennett v Goodwin [2005] NSWSC 930

BP Refinery (Western Port) Pty Ltd v Shire of Hastings (1977) 180 CLR 266

Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63

Friend v Brooker (2009) 239 CLR 129; [2009] HCA 21

Gaba Formwork Contractors Pty Ltd v Turner Corporation Limited (1993) 32 NSWLR 175

Grant v YYH Holdings [2012] NSWCA 360

Ireland v WG Riverview Pty Ltd (2019) 101 NSWLR 658; [2019] NSWCA 307

Life Insurance Co of Australia Limited v Phillips (1925) 36 CLR 60

O’Meara v Adams [2020] NSWSC 975

Oakley v Lyster [1931] 1 KB 148

Pantorno v The Queen (1989) 166 CLR 466

Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208; 3 DDCR [9]

Sinclair v Haines [2000] NSWSC 642

Texts Cited:

John G Fleming, The Law of Torts (Law Book Company, 9th ed, 1988)

Category:Principal judgment
Parties: Matthew Patrick O’Meara (Plaintiff)
Jane Adams (Defendant)
Representation:

Counsel:
Matthew Patrick O’Meara (In person)
Mr J. Baird (Defendant)

Solicitors:
Fishburn Watson & O’Brien (Defendant)
File Number(s): 2020/75550
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Local Court
Jurisdiction:
General Division
Citation:

N/A

Date of Decision:
12 December 2019
Before:
Magistrate Gibson
File Number(s):
2018/00234014

Judgment

  1. The plaintiff, Mr O’Meara, the defendant in the court below, appeals, and seeks leave to appeal, from a judgment given in the Local Court at Coffs Harbour (his Honour Magistrate Gibson) on 12 December 2019 in the sum of $11,369 with costs assessed in the sum of $2,842.25 in favour of the plaintiff below, the defendant in this Court, Ms Adams.

  2. By Statement of Claim filed in the Local Court on 30 July 2018, Ms Adams sued Mr O’Meara in detinue for the return of certain cattle and, in the alternative, for their value assessed in the sum of $11,869. There was no claim for consequential loss. At…

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AGLC
O'Meara v Adams (No 2) [2021] NSWSC 1167
Case
[2021] NSWSC 1167
Decision Date

CaseChat Overview and Summary

In the appeal, O'Meara appealed against a decision made by Adams, arguing that the decision was wrong on a point of law. The appeal originated from the Local Court and was heard in the Supreme Court. The core dispute was whether damages awarded in a conversion case should include goods and services tax (GST).

The primary legal issue before the court was whether the magistrate had erred in including GST in the damages awarded. A secondary issue was whether there was any basis for the appellant's claim of apprehended bias against the magistrate. The court had to consider whether the magistrate acted appropriately in discharging their duty without any bias or error in their application of the law.

The court found that there was no basis for the appellant's claim of apprehended bias, as the magistrate had not shown any partiality or unfairness. The court further held that the magistrate's agreement with the parties on the applicable law did not bind them when the decision-maker's view was drawn to the parties. The court concluded that the magistrate had correctly included GST in the damages awarded, as it was a matter within the magistrate's discretion. Therefore, the appeal was dismissed, and the decision of the Local Court was upheld.

Orders

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Background

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Evidence

Evidence Before The Court

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Decision

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