Raffie v JIH Building Designs Pty Ltd [2021] NSWSC 1512

Supreme Court New South Wales

Medium Neutral Citation: Raffie v JIH Building Designs Pty Ltd [2021] NSWSC 1512 Hearing dates: 19 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) Paragraphs 2 (first appearing), 1 (second appearing), 2 (second appearing), 3 (second appearing), 4 (second appearing), 5, 6, and 7 of the amended summons are dismissed as incompetent. (2) The proceedings are to be stood over before the Registrar at 9.00am 14 December 2021 for direction. (3) Costs of the defendant's notice of motion dated 2 July 2021 are reserved. Catchwords: CIVIL PROCEDURE – Appeal from decision of NCAT Appeal Panel – Fair Trading Act – Competency of appeal – UCPR 50.16 – No question of law raised – Whether decision of tribunal member at first instance appealable – Affected paragraphs dismissed as incompetent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Fair Trading Act 1987 (NSW), Part 6A Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 50.16A Category: Procedural rulings Parties: Abiedah Raffie (Plaintiff) JIH Building Designs Pty Ltd (Defendant) Representation: Counsel: Mr Isaac (Defendant)

Solicitors: Willis & Bowring (Defendant) Self-represented (Plaintiff) File Number(s): 2021/113433 Publication restriction: Nil

Judgment 1. HER HONOUR: This matter involves a notice of motion seeking to dismiss portions of the plaintiff's amended summons on the grounds of incompetence. 2. By notice of motion filed 2 July 2021, the defendant relevantly seeks: 1. Pursuant to r 50.16A of the Uniform Civil Procedure Rules 2005 (NSW), paragraphs 2 (first appearing), 1 (second appearing), 2 (second appearing), 3 (second appearing), 4 (second appearing), 5, 6, and 7 of the amended summons are dismissed as incompetent. 2. Pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), the above paragraphs are dismissed. 1. The defendant does not press paragraph (2) of the notice of motion. 2. The plaintiff is Abiedah Raffie. The defendant is JIH Building Designs Pty Ltd. Ms Raffie was self-represented. The defendant was represented by Mr Isaac. The parties relied upon a court book.