Sanossian v Parisi & Associates Pty Ltd [2021] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: Sanossian v Parisi & Associates Pty Ltd [2021] NSWSC 408 Hearing dates: 21 April 2021 Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) Under s 51(1)(b) of the Supreme Court Act 1970 (NSW), these proceedings are removed into the Court of Appeal. (2) The first defendant's notice of motion is dismissed. (3) Each party is to pay his or its own costs of the first defendant's notice of motion. (4) The proceedings are listed for directions before the Registrar of the Court of Appeal on 19 May 2021 at 9.00am Catchwords: CIVIL PROCEDURE – Summary dismissal of appeal as incompetent – Where plaintiff seeks to appeal from judgment of District Court – Whether summons incompetent because it has been brought in the Common Law Division under Pt 50 of the UCPR and not by notice of appeal in the Court of Appeal in accordance with Pt 51 – Appeal not incompetent but irregular – Proceedings removed to Court of Appeal under s 51(1)(b) of the Supreme Court Act 1970 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Belan v Commissioner of Corrective Services and Anor [2020] NSWSC 1503 Sanossian v Parisi & Associates Pty Limited [2019] NSWDC 599 Category: Procedural rulings Parties: Joseph Sanossian (Plaintiff) Parisi & Associates Pty Limited (First Defendant) Lawcover Pty Limited (Second Defendant) Representation: Self-represented (Plaintiff)