Arjunan v Neighbourhood Association DP No 285853 [2022] NSWSC 746

Supreme Court New South Wales

Medium Neutral Citation: Arjunan v Neighbourhood Association DP No 285853 [2022] NSWSC 746 Hearing dates: 26 May 2022 Decision date: 26 May 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The plaintiffs Amended Motion of 19 April 2022 is dismissed, except to the extent that leave is granted for the plaintiffs to amend the Summons to include an order for the costs of the proceedings. (2) The plaintiffs shall pay the defendant's costs of and incidental to the Motion. Catchwords: CIVIL PROCEDURE – Motion to determine issues on a preliminary basis that are part of substantive proceedings – Motion to re-open previous interlocutory judgment – Motion to amend Summons to appeal judgment of Local Court to include substantive relief other than determination of appeal – Motion dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Community Land Management Act 1989 (NSW), s 62 Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Cases Cited: Lambidis v Commissioner of Police (1995) 37 NSWLR 320 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596; [1979] HCA 51 Category: Procedural rulings Parties: Kannapiran Chinna Arjunan (First Plaintiff/Applicant) Thangnam Kannapiran (Second Plaintiff/Applicant) Neighbourhood Association DP No 285853 (Defendant/Respondent) Representation: In person (First and Second Plaintiffs/Applicants) Grace Lawyers, D Radman (Defendant/Respondent) File Number(s): 2021/368684