Ejueyitsi v Western Sydney University [2023] NSWCA 126

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ejueyitsi v Western Sydney University [2023] NSWCA 126 Hearing dates: 31 May 2023 Date of orders: 9 June 2023 Decision date: 09 June 2023 Before: Mitchelmore JA at [1] Simpson AJA at [2] Griffiths AJA at [3] Decision: Dismiss the amended summons filed on 9 February 2023 with costs. Catchwords: JUDICIAL REVIEW – review of judgment of District Court on appeal from Local Court – whether r 36.2 of the UCPR or s 35 of the Local Court Act requires separate written reasons for judgment in Small Claims Division proceedings – whether there was a denial of procedural fairness Legislation Cited: Evidence Act 1995 (NSW), s 75 Local Court Act 2007 (NSW), ss 35, 39 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 36.2 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Category: Principal judgment Parties: Vincent Ejueyitsi (Applicant) Western Sydney University (First Respondent) Joy Thomas (Second Respondent) District Court of New South Wales (Third Respondent) Representation: Counsel: F Elekwachi (Applicant) E Ball/ M Thomson (Respondents)

Solicitors: Clyde & Co (Respondents) File Number(s): 2022/350649 Decision under appeal Court or tribunal: Ejueyitsi v Thomas & Anor Jurisdiction: District Court of New South Wales Citation: [2022] NSWDC 490 Date of Decision: 20 October 2022 Before: Abadee DCJ File Number(s): 2022/228078