Di Liristi v Matautia Developments Pty Ltd (No 2) [2020] NSWSC 862

Supreme Court New South Wales

Medium Neutral Citation: Di Liristi v Matautia Developments Pty Ltd (No 2) [2020] NSWSC 862 Hearing dates: 17 June 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The notice of motion of the first, third and fourth defendants filed on 20 April 2020 is dismissed. (2) The first, third and fourth defendants are to pay the plaintiff's costs as assessed or agreed. (3) The proceedings are listed before the Registrar for directions on 10 July 2020. Catchwords: CIVIL PROCEDURE – Application for summary dismissal pursuant to UCPR r 13.4 – Whether proceedings are frivolous, vexatious or an abuse of process – Where proceedings in the Supreme Court before application filed in NCAT – Whether Tribunal deprived of jurisdiction – Where amounts claimed by the plaintiff for breach of residential tenancy agreement may exceed the monetary limit for such claims in NCAT – Whether inappropriate to deprive the plaintiff of opportunity to have his claims heard on the merits – Notice of motion dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Protection of the Environment Operations Act 1997 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406 The Council of Trinity Grammar School v Anderson [2019] NSWCA 292 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc. v Commissioner of Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Perera v Genworth Financial Mortgage Insurance Pty Ltd (2017) 94 NSWLR 83; [2017] NSWCA 19 Regie Nationale des Usines Renault SA & Anor v Zhang (2002) 210 CLR 491; [2002] HCA 10 Reisner v Bratt [2004] NSWCA 22 Rogers v The Queen (1994) 181 CLR 251 at 286; [1994] HCA 42 Simmons v Protective Commissioner of NSW also known as NSW Trustee and Guardian [2012] NSWSC 455 Spencer v Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28 Category: Principal judgment Parties: Antonio Di Liristi (Plaintiff – self represented) Matautia Developments Pty Ltd (First Defendant) Michael Bernard Fowler (Second Defendant) Andrew Cavanagh (Third Defendant) Brian Garnet Wheaton (Fourth Defendant) Representation: Counsel: A Avery-Williams (First, Third and Fourth Defendants)