Kishore v Transit Systems West Pty Ltd [2022] NSWDC 93

District Court New South Wales

Medium Neutral Citation: Kishore v Transit Systems West Pty Ltd [2022] NSWDC 93 Hearing dates: 31 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The plaintiff's summons filed on 9 February 2022 is dismissed; 2. The plaintiff is to pay the defendant's costs of the dismissed summons; 3. With the consent of the parties the basis and the extent of the costs referred to in Order 2 are to be determined on the papers following consideration of written submissions on costs which are to be completed by the parties within 7 days. Catchwords: APPEAL FROM LOCAL COURT – summons seeking leave to appeal from decision of Small Claims Division – rejection of claim of lack of jurisdiction – rejection of claim of denial of procedural fairness – summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 35, s 56 to s 58 Local Court Act 2007 (NSW), s 36, s 39 Cases Cited: Eliezer v The Council of St Andrew's Cathedral School [2021] NSWCA 144 National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296; [1984] HCA 29 Strbak v Newton (NSWCA, unreported 18 July 1989) Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287 Xuereb v Viola [1989] 18 NSWLR 453 Category: Principal judgment Parties: Chandra Kishore (Plaintiff) Transit Systems West Pty Ltd (Defendant) Representation: Counsel: Ms J Kishore, solicitor (Plaintiff) Mr C Micali (Defendant)