NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Jiang & Ors v Dion Group Projects Pty Ltd [2024] NSWDC 225 Hearing dates: 13 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Extend the time for the plaintiffs to file the Summons in this matter up to and including the date of filing, being 7 December 2023. (2) Summons dismissed. (3) Order the plaintiffs to pay the defendant's costs of and incidental to the Summons. (4) Notice of Motion filed by the defendant on 19 February 2024 dismissed. (5) Order each party to pay his, her or its own costs of and incidental to the Notice of Motion. Catchwords: CIVIL PROCEDURE – summons filed out of time – self-represented plaintiffs – extension of time granted APPEAL – local court small claims division – decision of assessor – whether there was a denial of procedural fairness – appeal dismissed Legislation Cited: Local Court Act 2007 (NSW), ss 35, 36, 37, 38, 39(2) Uniform Civil Procedure Rules 2005 (NSW), r 1.12 Cases Cited: Stojanovski v Parevski [2004] NSWSC 1144 Category: Principal judgment Parties: Chun Jiang trading as Jiang Cleaning (First Plaintiff) Ming Jiang (Second Plaintiff) Tim Jiang (Third Plaintiff) Dion Group Projects Pty Ltd (Defendant) Representation: Counsel:
T Jiang (self-represented) (Plaintiffs) J Pokoney (Defendant)
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