Anastasis v Azzopardi [2022] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: Anastasis v Azzopardi [2022] NSWSC 1337 Hearing dates: 27 September 2022 Date of orders: 4 October 2022 Decision date: 04 October 2022 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Grant the plaintiff an extension of time within which to commence the appeal up to and including 3 August 2021. (2) Dismiss the appeal. (3) Order that the plaintiff pay the defendants' costs in the sum of $6,450. Catchwords: APPEALS – right of appeal – appeal from Local Court General Division – appeal on question of law – appeal by leave on mixed law and fact – leave not sought – challenge to primary facts not a question of mixed law and fact – challenged findings not dispositive – assessment of damage in absence of evidence BAILMENT – storage of goods in unit controlled by owner – use of storage unit pursuant to licence – licensor obtaining possession of goods on termination of licence – whether gratuitous bailment – goods lost and damaged – no reliable evidence as to lost goods being in storage unit – no evidence as to condition of goods before removal from storage unit CONTRACT – intention to enter legal relations – mutual benefits not sufficient to establish intention – arrangement result of social relationship – no formalities – short term storage of goods in exchange for work on electronics Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Local Court Act 2007 (NSW), ss 39, 40 Uncollected Goods Act 1995 (NSW), ss 5, 26 Uniform Civil Procedure Rules 2005 (NSW), Pt 50, r 50.3. Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; 77 ALJR 768 Uszok v Henley Properties (NSW) Pty Ltd [2007] NSWCA 31 Category: Principal judgment Parties: Vassili Anastasis (Plaintiff – in person) Joseph Azzopardi (First Defendant) Jason Azzopardi (Second Defendant) Representation: Solicitors: Williamson Isabella Lawyers (First and Second Defendants) File Number(s): 2021/00230023 Publication restriction: N/A Decision under appeal Court or tribunal: Wollongong Local Court Jurisdiction: General Division Date of Decision: 13 April 2021 Before: McGowan LCM File Number(s): 2019/00171484