Soulis v R & A Henry Auto Repairs Pty Ltd [2023] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Soulis v R & A Henry Auto Repairs Pty Ltd [2023] NSWCA 50 Hearing dates: 14 March 2023 Decision date: 24 March 2023 Before: White JA at [1]; Simpson AJA at [32] Decision: Applicant's Summons seeking leave to appeal is dismissed with costs Catchwords: APPEALS - Leave to appeal - Leave to appeal against summary dismissal of applicant's appeal from decision of Appeal Panel of New South Wales Civil and Administrative Tribunal - Where amount in dispute between parties negligible - Where summary dismissal followed applicant's non-appearance at two hearings set for respondents' motion to summarily dismiss proceedings - Where applicant's non-appearance explained on basis of serious medical condition requiring hospitalisation and later surgical intervention - Where applicant claims primary judge was biased in summarily dismissing his proceedings - Where applicant's claims before Tribunal and primary judge not shown to be reasonably arguable - Leave to appeal refused - No issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83(1) Motor Dealers and Repairers Act 2013 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 13.6, 18.3, 36.16 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 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 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Pham v Gall (2020) 102 NSWLR 269; [2020] NSWCA 116 Soulis v R & A Henry Auto Repairs & Ors (No 1) [2022] NSWSC 966 Soulis v R & A Henry Auto Repairs Pty Ltd [2021] NSWCATAP 338 Category: Principal judgment Parties: Andrew Soulis (Applicant) R & A Henry Auto Repairs Pty Ltd (First Respondent) Mark Gary Henry (Second Respondent) Brett Alan Henry (Third Respondent) Representation: Counsel: Applicant self-represented J A Burke (Solicitor) (Respondents)