Singh v Charles [2022] NSWSC 743

Supreme Court New South Wales

Medium Neutral Citation: Singh v Charles [2022] NSWSC 743 Hearing dates: 30 March 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005, that the plaintiff's Statement of Claim filed on 18 November 2021 be dismissed as against the first defendant. (2) Order that the plaintiff pay the first defendant's costs of the proceedings, including the Notice of Motion filed on 31 January 2022. (3) List the balance of the proceedings before the Common Law Registrar at 9am on 20 June 2022. Catchwords: CIVIL PROCEDURE — summary disposal — dismissal of proceedings — claim against Senior Member of NCAT for actions in the exercise of their functions as a Member — Members of NCAT immune from civil liability in such circumstances — proceedings dismissed as having no prospect of success Legislation Cited: Civil and Administrative Tribunal Act 2013 ss 27(1)(d), 38, Sch 2, cl 4 Judiciary Act 1903 (Cth) s 78B Residential Tenancies Act 2010 ss 84(3), 111 Uniform Civil Procedure Rules 2005 r 13.4 Cases Cited: A v Dept of Communities and Justice [2021] NSWSC 937 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Attorney-General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15 Donaldson v State of New South Wales [2019] NSWCA 109 Fingleton v The Queen (2005) 227 CLR 166; [2005] HCA 34 Perera v Genworth Financial Mortgage Insurance Pty Ltd (2017) 94 NSWLR 83; [2017] NSWCA 19 Rajski v Powell (1987) 11 NSWLR 522 Re East; Ex parte Nguyen (1998) 196 CLR 354; [1998] HCA 73 Singh v Lekhwar [2022] NSWCATAP 158 Sirros v Moore [1975] 1 QB 118 Wentworth v Wentworth (2001) 52 NSWLR 602; [2000] NSWCA 350 Wickstead v Browne (1992) 30 NSWLR 1 Texts Cited: Not applicable Category: Principal judgment Parties: Gurjit Singh (P) David Charles (D1) Vinita Lekhawar (D2) Keshavnanda Lekhawar (D3) Representation: Counsel: Self-represented (P) G Mahony (D1) No appearance (D2, D3)