Zepinic v Mitrovic

[2024] NSWDC 154

District Court

New South Wales

Medium Neutral Citation:

Zepinic v Mitrovic [2024] NSWDC 154

Hearing dates:

6 May 2024

Date of orders:

6 May 2024

Decision date:

06 May 2024

Jurisdiction:

Civil

Before:

Abadee DCJ

Decision:

See paragraph [54]

Catchwords:

CIVIL PROCEDURE – plaintiff’s appeal to District Court from a decision of the Small Claims Division of the Local Court of New South Wales – Summons seeking appeal dismissed in this Court – plaintiff’s application (in form) to set aside orders in this Court dismissing summons – plaintiff does not appear at directions hearings – application dismissed for non-attendance – plaintiff’s further application to set aside dismissal of application – since making the application, the applicant died – appropriate orders for disposition

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 56-60

District Court Act 1973 (NSW), s 127

Local Court Act 2007 (NSW), s 39(2)

Uniform Civil Procedure Rules 2005 (NSW) rr 6.30-1, 12.7, 13.4, 13.6, 36.16(2)(b), 36.16(3A)

Cases Cited:

Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300

Mohareb v State of New South Wales (No.2) [2024] NSWCA 69

Ranclose Investments Pty Ltd v Leda Management Services Pty Ltd (No.2) [2024] NSWCA 13

Zepinic v Mitrovic [2023] NSWDC 423

State of New South Wales v Hollingsworth (No.2) [2023] NSWCA 283

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

Dr Vito Zepinic (Plaintiff)
Ms Lijljana (Ljilja) Mitrovic (Defendant)

Representation:

Solicitors:
Plaintiff (self-represented)
Michael Vaughan & Co Solicitors (Defendant)

File Number(s):

2023/00205582

Publication restriction:

Nil

REASONS FOR JUDGMENT

Introduction

1. This litigation commenced in the Small Claims Division of the Local Court of New South Wales. The plaintiff and defendant, who had been involved in a friendship/relationship of some kind, were in dispute as to whether an advance of a sum of $10,000 in June 2021 made by the plaintiff to defendant was by way of loan or by gift. The plaintiff sought to recover that sum of money from the defendant; along with some books he says he loaned to the defendant. After a hearing that was drawn out over several days, on 5 June 2023, an Assessor of the Small Claims Division of the Local Court delivered a decision in the defendant’s favour.

2. On 26 June 2023, the plaintiff filed a Summons in this Court through which he appealed the Assessor’s decision. The hearing of that appeal occurred on 11 October 2023 (with the plaintiff representing himself) and two days later her Honour Judge Gibson dismissed the appeal. Her Honour’s reasons were published on Caselaw (Zepinic v Mitrovic [2023] NSWDC 423).

3. On 23 October 2023, the plaintiff filed a Notice of Motion. It was filed without the assistance of a legal practitioner. Under the title ‘Grounds for Appeal’, there are 27 ‘facts’ that are stated. These generally comprised an amalgam of factual allegations pertaining to his dispute with the defendant agitated in the Local Court and submissions. Some raised procedural matters concerning the conduct of the proceeding in the District Court. This was illustrated by some of the…