Huebner v Manage Your Super (SMSF Auditors) Pty Limited (No. 1) [2022] NSWDC 277

District Court New South Wales

Medium Neutral Citation: Huebner v Manage Your Super (SMSF Auditors) Pty Limited (No. 1) [2022] NSWDC 277 Hearing dates: 2-3 May 2022 Date of orders: 3 May 2022 Decision date: 03 May 2022 Jurisdiction: Civil Before: Neilson DCJ Decision: The appeal is dismissed. I order the plaintiff to pay the defendant's costs of the appeal. Catchwords: CIVIL – APPEAL – PROCEDURAL FAIRNESS - Appeal from Local Court of New South Wales – Claim for costs associated with the provision of an auditors report to a Superannuation Trust, and costs therefrom undertaken by the plaintiff allegedly associated with the Auditor's report - Dismissal of plaintiff's proceedings – Whether Magistrate conducted proceedings contrary to the rules of procedural fairness or natural justice – Whether Magistrate should have accepted expert evidence – Plaintiff's failure to prove his own expertise. CIVIL – DAMAGES – Failure to establish direct loss emanating from the alleged harm alleged. Legislation Cited: Local Court Act 1982 (NSW) Local Court Act 2007 (NSW) Superannuation Industry (Supervision) Act 1993 (Cth) Cases Cited: Attorney General (NSW) v Quin (1990) 170 CLR 1 Britt v Parcell [2021] NSWDC 464 Darlco Transport Pty Ltd v Knight [2014] NSWDC 137 Habra v Reinke [2005] NSWSC 1090 Hamod v Suncorp Metway Insurance Ltd [2006] NSWCA 243 Leichhardt Municipal Council v Seatainer Terminals Pty Ltd (1981) 48 LGRA 409 Michael Wilson and Partners Pty Ltd v Nicholls & Ors (2011) 244 CLR 427 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 81 ALJR 515 Texts Cited: Nil. Category: Principal judgment Parties: Appellant – Hans Huebner Respondent - Manage Your Super (SMSF Auditors) Pty Limited Representation: Appellant Self-represented Respondent Foley, J. File Number(s): 2021/000272202-001 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Civil Citation: Nil. Date of Decision: 3 September 2021 Before: Day LCM File Number(s): 2020/00179444