Patel v Shukla [2022] NSWSC 1644

Supreme Court New South Wales

Medium Neutral Citation: Patel v Shukla [2022] NSWSC 1644 Hearing dates: 31 May 2022 Date of orders: 02 December 2022 Decision date: 02 December 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court refuses leave to appeal; (2) The Court dismisses the proceedings; (3) The plaintiff shall pay the defendant's costs of and incidental to these proceedings. Catchwords: APPEALS – from Local Court to Supreme Court on question of law – or with leave on interlocutory judgment and mixed fact and law – extension of time necessary – two years after interlocutory judgment in one case and six-and-a-half months in the other – question of fact, not fact and law – delay not adequately explained – no error – leave refused. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 9, 56, 98 Local Court Act 2007 (NSW), ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLR 126 Hutchinson v Nominal Defendant [1972] 1 NSWLR 443 Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369; [1938] HCA 7 Re Jarman; ex parte Cook [No 1] (1997) 188 CLR 595; [1997] HCA 13 Wilkshire and Coffey v Commonwealth of Australia (1976) 9 ALR 325 Category: Principal judgment Parties: Bhaveshkumar Bhanubhal Patel (Plaintiff) Alkesh Shukla (First Defendant) Dilipkumar Chhaganbhai Chauhan (Second Defendant) Representation: Advocate: Self-represented (Plaintiff) V Mishra (First and Second Defendants)