Soulis v R & A Henry Auto Repairs & Ors (No 3) [2022] NSWSC 1109

Supreme Court New South Wales

Medium Neutral Citation: Soulis v R & A Henry Auto Repairs & Ors (No 3) [2022] NSWSC 1109 Hearing dates: 17 August 2022; 2 September 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The notice of motion filed by the plaintiff on 27 April 2022 is dismissed. (3) The question of costs is reserved. (4) Absent agreement, each party is to file, within 7 days, written submissions in relation to the issue of costs, such submissions not to exceed two pages in length. (5) I direct the Registrar to forward a copy of this judgment to the plaintiff by email by 5.00 pm on 16 September 2022. Catchwords: PRACTICE AND PROCEDURE - Application for summary dismissal of proceedings – Where the proceedings brought by the plaintiff sought leave to appeal from a decision of the Appeal Panel of the New South Wales Civil and Administrative Tribunal – Where such an appeal could be brought only by leave on a question of law – No questions of law articulated – Proceedings dismissed Legislation Cited: Australian Competition and Consumer Act 2010 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Victorian Civil and Administrative Tribunal Act 1998 (Vic) Cases Cited: Cox v Journeaux (No. 2) 1935 52 CLR 713; [1935] HCA 48 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hoe v Manningham City Council [2011] VSC 37 Osland v Secretary to the Department of Justice (2010) 241 CLR 320; [2010] HCA 24 Schwartz Family Co Pty Limited v Capitol Carpets Pty Limited [2017] NSWCA 223 Soulis v R & A Henry Auto Repairs & Ors (No. 1) [2022] NSWSC 966 Soulis v R & A Henry Auto Repairs & Ors (No. 2) [2022] NSWSC 987 Soulis v R & A Henry Auto Repairs Pty Limited [2021] NSWCATAP 338 TNT Skypack International (Aus) Pty Limited v Federal Commissioner of Taxation (1988) 82 ALR 175 Category: Principal judgment Parties: Andrew Soulis – Plaintiff R & A Henry Auto Repairs Pty Ltd – First Defendant Mark Gary Henry t/as R & A Henry Auto Repairs Pty Ltd – Second Defendant Brett Alan Henry t/as R & A Henry Auto Repairs Pty Ltd – Third Defendant Representation: Counsel: Self-represented – Plaintiff J Burke (solicitor) – First, Second and Third Defendants