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Singh v Charles

Singh v Charles

Case [2022] NSWSC 743 10 June 2022

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Summary Judgment

Res Judicata

Civil Litigation & Procedure

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Supreme Court

New South Wales

Medium Neutral Citation: Singh v Charles [2022] NSWSC 743
Hearing dates: 30 March 2022
Date of orders: 10 June 2022
Decision date: 10 June 2022
Jurisdiction: Common Law
Before: Garling J
Decision:
(1) Order, pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005, that the plaintiff’s Statement of Claim filed on 18 November 2021 be dismissed as against the first defendant.
(2) Order that the plaintiff pay the first defendant’s costs of the proceedings, including the Notice of Motion filed on 31 January 2022.
(3) List the balance of the proceedings before the Common Law Registrar at 9am on 20 June 2022.

Catchwords:
CIVIL PROCEDURE — summary disposal — dismissal of proceedings — claim against Senior Member of NCAT for actions in the exercise of their functions as a Member — Members of NCAT immune from civil liability in such circumstances — proceedings dismissed as having no prospect of success

Legislation Cited:
Civil and Administrative Tribunal Act 2013 ss 27(1)(d), 38, Sch 2, cl 4
Judiciary Act 1903 (Cth) s 78B
Residential Tenancies Act 2010 ss 84(3), 111
Uniform Civil Procedure Rules 2005 r 13.4

Cases Cited:
A v Dept of Communities and Justice [2021] NSWSC 937
Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7
Attorney-General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254
Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15
Donaldson v State of New South Wales [2019] NSWCA 109
Fingleton v The Queen (2005) 227 CLR 166; [2005] HCA 34
Perera v Genworth Financial Mortgage Insurance Pty Ltd (2017) 94 NSWLR 83; [2017] NSWCA 19
Rajski v Powell (1987) 11 NSWLR 522
Re East; Ex parte Nguyen (1998) 196 CLR 354; [1998] HCA 73
Singh v Lekhwar [2022] NSWCATAP 158
Sirros v Moore [1975] 1 QB 118
Wentworth v Wentworth (2001) 52 NSWLR 602; [2000] NSWCA 350
Wickstead v Browne (1992) 30 NSWLR 1

Texts Cited:
Not applicable

Category: Principal judgment
Parties: Gurjit Singh (P)
David Charles (D1)
Vinita Lekhawar (D2)
Keshavnanda Lekhawar (D3)
Representation:
Counsel:
Self-represented (P)
G Mahony (D1)
No appearance (D2, D3)
Solicitors:
Crown Solicitor’s Office (D1)

File Number(s): 2021/328613
Publication restriction: Not applicable

Judgment

This matter was commenced by the plaintiff’s filing of a Statement of Claim on 18 November 2021. In that Statement of Claim, the plaintiff claims various types of damages, declaratory relief and costs.
In broad terms, the plaintiff alleges against the first defendant, who is a Senior Member of the NSW Civil & Administrative Tribunal (“NCAT”), that:

in the course of hearing the dispute between the plaintiff and his landlords (the second and third defendants) in NCAT, the first defendant committed fraud and misfeasance in public office by:

fraudulently obtaining the plaintiff’s consent to vacate the property he rented from the landlords;

refusing to determine an application made by the plaintiff;

conducting a mediation without giving the plaintiff prior notice;

failing to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Singh v Charles

Details

AGLC: Singh v Charles [2022] NSWSC 743
Case: [2022] NSWSC 743
Decision Date: 10 June 2022

CaseChat Overview and Summary

The plaintiff, Singh, sought to bring a claim against Charles, a Senior Member of the New South Wales Civil and Administrative Tribunal, for actions taken by Charles in the course of their role. The dispute centred around Charles' decisions made during their tenure as a member of the Tribunal. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether Charles, as a member of the Tribunal, could be held civilly liable for actions taken in the exercise of their functions. The court had to determine if such actions fell under the scope of immunity granted to members of the Tribunal. This involved an analysis of relevant statutes and case law to ascertain the extent of the immunity afforded to members in the performance of their duties.

In examining the legislative framework and relevant case law, the court concluded that members of the Tribunal, including Charles, enjoy immunity from civil liability for actions taken in the course of their functions. The court found that Singh's claim against Charles for actions taken in his capacity as a member was precluded by this immunity. Consequently, the court dismissed the proceedings, holding that they had no prospect of success. The decision underscored the importance of maintaining the independence and immunity of tribunal members to ensure the proper functioning of the administrative justice system.

The Supreme Court ordered that the proceedings be dismissed with costs to be borne by the plaintiff, Singh.

Orders