Danis v Oliveri Legal Pty Ltd [2023] NSWSC 89

Supreme Court New South Wales

Medium Neutral Citation: Danis v Oliveri Legal Pty Ltd [2023] NSWSC 89 Hearing dates: 6 February 2023 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The appeal is allowed. (2) The orders made by Greenwood LCM on 8 September 2022, but excluding the dismissal of the cross-claim, are set aside. (3) The matter is remitted to the Local Court for the rehearing of the plaintiff's claim. (4) The rehearing is to include consideration of the costs of the whole of the proceedings excluding the costs in the Supreme Court. (5) The defendants are to pay the plaintiff's costs of the proceedings in the Supreme Court. Catchwords: APPEAL FROM LOCAL COURT – summons – allegations of error of law – allegations of actual and apprehended bias – refusal of magistrate to allow taking of notes in court – matter remitted for re-hearing Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Competition and Consumer Act 2010 (Cth) Local Court Act 2007 (NSW), ss 39, 40 Local Court Rules 2009 (NSW), r 2.6 Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Galea v Galea (1990) 19 NSWLR 263 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 R v Dawson [2022] NSWSC 1131 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 Category: Principal judgment Parties: Mr Emil Danis (Plaintiff) Oliveri Legal Pty Ltd (First Defendant) Mr Emanueli Oliveri (Second Defendant) Representation: Counsel: Mr R D Wilson SC (First and Second Defendant)