Ezi Lift Cranes Pty Limited v Thompson [2020] NSWDC 334

District Court New South Wales

Medium Neutral Citation: Ezi Lift Cranes Pty Limited v Thompson [2020] NSWDC 334 Hearing dates: 18 June 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Appeal allowed. (2) Orders of the Assessor in the Local Court on 28 October 2019 are set aside. (3) The matter is remitted to the Local Court for redetermination in accordance with law and in accordance with the court's reasons. (4) Each party is to pay their own costs of the Appeal. (5) Exhibit A is to be retained on the file. Catchwords: Administrative law – appeal from Local Court Small Claims Division – whether there was a denial of procedural fairness – refusal to allow plaintiff's legal representative to cross-examine single expert witness appointed by the court as to his reports – whether a breach of the rules of natural justice Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 177 Local Court Act 2007 (NSW), ss 35, 39 and 41 Local Court Rules 2009, Part 2.10 Practice Note (Local Court Practice Note Civil 1) Cases Cited: Kioa v West (1985) 159 CLR 550 Re Minister for Immigration and Multicultural Affairs; Ex Parte Lam (2003) 214 CLR 1 Re Minister for Immigration and Multicultural Affairs; Ex Parte Miah (2001) 206 CLR 57 Spencer v Elichung Pty Ltd [2006] NSWSC 523 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Wende v Finney [2005] NSWSC 927 Category: Principal judgment Parties: Ezi Lift Cranes Pty Ltd (Plaintiff) Matthew Thompson (Defendant) Representation: Counsel: H Simons (Plaintiff) (Solicitor) M Zreika (Defendant) (Solicitor)