Sinanovic v Bone [2022] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: Sinanovic v Bone [2022] NSWSC 1474 Hearing dates: 26 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Common Law Before: Garling J Decision: See [3] Catchwords: APPEAL — Appeal from Local Court — dispute between landlord and tenant — where Local Court found in favour of the landlord — where hearing in Local Court was flawed due to lack of procedural fairness afforded to the tenant — where tenant could not read or write in the English language — where tenant was represented at the hearing by lay advocate — order made for a rehearing in the Local Court by a differently constituted Court Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Hakija Sinanovic (P) Ludan Bone (D) Representation: Counsel: Self-represented (P) (assisted by Ms Sinanaj) R Notley (D)

Solicitors: Clark Kann (D) File Number(s): 2022/101645 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil Date of Decision: 11 March 2022 Before: Hosking LCM File Number(s): 2022/101645

Judgment 1. On 8 April 2022, Hakija Sinanovic as plaintiff commenced proceedings by filing a Summons seeking leave to appeal, and to appeal from, a decision of Hosking LCM which was delivered orally on 11 March 2022 in the Local Court. Ms Ludan Bone, the defendant in these proceedings, was the plaintiff in the proceedings in the Local Court. 2. Because there is potential for confusion about which party is best described as the plaintiff and which as the defendant, which will depend upon whether reference is being made to proceedings in this Court or the Local Court, it will be convenient to refer to the parties by their names. 3. These proceedings were heard on 26 October 2022. At the conclusion of the proceedings, I made the following orders: 1. To the extent necessary, grant leave to appeal. 2. The judgment and orders of the Local Court made on 11 March 2022 are set aside. 3. Direct that proceedings be remitted to the Local Court for hearing by a differently constituted Court. 4. Order the defendant, Ms Bone, to pay the plaintiff, Mr Sinanovic's, costs of these proceedings in the Supreme Court. 1. I indicated that I would deliver my reasons in due course. These are my reasons for that decision.