District Court
New South Wales
Medium Neutral Citation: Zepinic v Mitrovic [2023] NSWDC 423 Hearing dates: 11 October 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to UCPR rr 6.1 and 6.10, grant leave to the defendant to file a Notice of Appearance by 5pm on Friday 13 October 2023.
(2) Summons struck out and dismissed.
(3) Plaintiff pay defendant’s costs, with liberty to apply.
Catchwords: APPEAL - appeal from decision of Assessor in the Small Claims Division of the Local Court pursuant to s 39(2) Local Court Act 2007 (NSW) - whether lack of procedural fairness or bias - appeal dismissed with costs
Legislation Cited: Civil Procedure Act 2005 (NSW), ss 14, 56 – 58, 63, 98
Local Court Act 2007 (NSW), ss 35, 36, 39
Uniform Civil Procedure Rules 2005 (NSW), rr 6.1, 6.9, 6.10, 6.11, 14.4, 42.1
Cases Cited: Channel Seven Sydney Pty Ltd v Mahommed [2010] NSWCA 335
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63
Ejueyitsi v Western Sydney University [2023] NSWCA 126
Eliezer v Sydney Water Corporation [2021] NSWCA 300
Geftlic v Merhi [2010] NSWCA 256
Goody v Odhams Press Ltd [1967] 1 QB 333
Hulme v Hulme [2023] NSWSC 299
Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48
Kioa v West (1985) 159 CLR 550
Polsen v Harrison [2021] NSWCA 23
Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71
Spencer v Bamber [2012] NSWCA 274
Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287
Turner v News Group Newspapers Ltd [2006] EWCA Civ 540; [2006] 1 WLR 3469
Texts Cited: Nil
Category: Principal judgment Parties: Dr Vito Zepinic (Plaintiff)
Ljiljana Mitrovic (Defendant)Representation: Counsel:
Solicitors:
Self-represented (Plaintiff)
Ms Josephine Thornton (Defendant)
Michael Vaughan & Co (Defendant)
File Number(s): 2023/00205582 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Local Court of NSW
- Jurisdiction:
- Civil
- Citation:
Nil
- Date of Decision:
- 5 June 2023
- Before:
- Assessor D Harvey
- File Number(s):
- 2022/00122366
JUDGMENT
The proceedings before the District Court
-
The plaintiff appeals an order made by the Local Court on 5 June 2023 pursuant to which judgment was entered in favour of the defendant in proceedings where the plaintiff had claimed the sum of $10,000.
-
The Summons is brought pursuant to s 39(2) of the Local Court Act 2007 (NSW) (“the Act”). It is important to note at the outset that, while s 39(1) permits the bringing of an appeal to the Supreme Court on a question of law, the jurisdiction of the District Court under s 39(2) is much narrower, in that appeals as of right may only be brought “on the ground of lack of jurisdiction or denial of procedural fairness”. The policy considerations reflected the Act, including the careful delineation of these appeal rights, are designed to ensure the quick, cheap, efficient and informal disposition of proceedings in the…
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- AGLC
- Zepinic v Mitrovic [2023] NSWDC 423
- Case
- [2023] NSWDC 423
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that there was no procedural unfairness or bias in the decision of the Local Court. The Court held that the Assessor had considered all the evidence and made findings based on the facts of the case. The Court further held that the appellant had not demonstrated any error in the decision of the Local Court that would warrant an appeal. The Court also noted that the appellant had failed to provide any evidence to support his claim for damages. The Court found that the decision of the Local Court was reasonable and just, and there was no basis for an appeal. Accordingly, the appeal was dismissed with costs.
The Court of Appeal struck out the summons and dismissed the appeal. The appellant was ordered to pay the respondent's costs, with liberty to apply. The Court also granted leave to the respondent to file a Notice of Appearance by 5pm on Friday 13 October 2023. The Court found that there was no merit in the appeal and that the decision of the Local Court should be upheld. The appellant was not successful in his appeal, and the decision of the Local Court remained intact.
Orders
Orders of the court
(1) Pursuant to UCPR rr 6.1 and 6.10, grant leave to the defendant to file a Notice of Appearance by 5pm on Friday 13 October 2023.
(2) Summons struck out and dismissed.
(3) Plaintiff pay defendant’s costs, with liberty to apply.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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