Singh v Khan

[2019] NSWSC 211

Supreme Court

New South Wales

Medium Neutral Citation:	Singh v Khan [2019] NSWSC 211
Hearing dates:	5 March 2019
Date of orders:	05 March 2019
Decision date:	05 March 2019
Jurisdiction:	Common Law
Before:	Schmidt J
Decision:	Orders sought in the motion are refused. Mr Singh to bear the costs of the motion as agreed or assessed.
Catchwords:	PRACTICE AND PROCEDURE – notice of motion – order seeking to set aside Registrar’s order – motion dismissed – costs
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW)
Category:	Procedural and other rulings
Parties:	Gurjit Singh (Plaintiff) Ghulam Akbar Khan (First Defendant) Samina Khan (Second Defendant) Fobubu Pty Ltd (Third Defendant)
Representation:	Counsel: Brown (Defendants)   Solicitors: G Singh, unrepresented (Plaintiff) McGrath Dicembre & Company (Defendants)
File Number(s):	2018/278850
Publication restriction:	Nil

EX TEMPORE Judgment

1. HER HONOUR: This is an application which comes forward by way of notice of motion seeking to have set aside an order made by the Registrar on 12 February 2019 pursuant to r 4.10.4 of the Uniform Civil Procedure Rules 2005 (NSW), rejecting notices of motion filed by Mr Singh on 21 January and 8 February 2019 on the basis that the matters which Mr Singh so wish to ventilate, namely an appeal against a third decision of an NCAT Appeal Panel refusing him leave to appeal, should be dealt with by way of further summons initiating separate proceedings in respect of the third disputed decision.

2. Having heard the parties this morning, and understanding Mr Singh's view to be that the issues raised by his third proposed appeal, are similar to those raised in the proceedings he has already brought in this Court, the convenient and cost effective procedure would be to pursue the third appeal by way of notice of motion filed in the proceedings which are already on foot, I cannot see any basis for the conclusion that the Registrar was wrong in the view which he took, having regard to the requirements of the Uniform Civil Procedure Rules 2005 (NSW), as to the steps which a party who wishes to challenge, as Mr Singh does, a decision of an Appeal Panel of NCAT.

3. In those circumstances, I have not been persuaded that a basis exists for the Court to exercise a discretion to set aside the order which the Registrar made on 12 February.

4. Accordingly, the orders sought in the motion are refused. The usual order as to costs is that they follow the event. In this case that would be an order that Mr Singh bear the costs of the motion as agreed or assessed, to which no objection is taken.

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Decision last updated: 05 March 2019