Megally v Bojanic (No 2) [2024] NSWSC 896

Supreme Court New South Wales

Medium Neutral Citation: Megally v Bojanic (No 2) [2024] NSWSC 896 Hearing dates: 24 June 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. (3) The applicant is to pay the respondent's costs as agreed or assessed on the ordinary basis. Catchwords: APPEALS – civil - appeal from Local Court – where matter commenced in Small Claims Division – where matter transferred to General Division – where appeal arises from prosaic event – motor vehicle accident – damages – costs – where respondent accepts liability – where applicant seeks to litigate asserted errors but does not press any entitlement to his original claim – where appeal with respect to damages and interest concerns a very small amount – amount dwarfed by costs involved in continuing litigation – fantastical quality to at least one of applicant's claims – several claims without merit or substance – leave to appeal granted – appeal dismissed EVIDENCE – expert evidence – competing opinions of respective experts – conclave – joint experts report – issue as to legitimacy of invoice for repairs to vehicle – whether invoice can be deemed a "starting point" or benchmark for cost of repairs – "broad axe" approach - where it is unclear "who actually repaired the van, or who that person worked for" CIVIL PROCEDURE – adjournment application – adjournment refused – where counsel withdrew and plaintiff unrepresented – an unusual turn – the solicitor for the applicant appeared Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bellgrove v Eldridge (1954) 90 CLR 613 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Capita Alternative Fund Services (Guernsey) Ltd v Drivers Jonas (A firm) [2012] EWCA Civ 1417, CA House v The King (1936) 55 CLR 499; [1936] HCA 40 Hyder Consulting (Australia) Pty Ltd v Wilih Willhemsen Agency Pty Ltd [2001] NSWCA Megally v Bojanic [2023] NSWLC 9 Megally v Bojanic [2024] NSWSC 869 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Picos v Western Pacific Automotive Pty Ltd [2018] NSWSC 536 Stocovaz v Fung [2007] NSWCA 199 Vetter v Lake Macquarie City Council (2001) 202 CLR 439; [2001] HCA 12 Zdrilic v Fuchs [2008] NSWSC 486 Category: Principal judgment Parties: John Rauof Megally (Applicant/Plaintiff) Andja Bojanic (Respondent/Defendant) Representation: Counsel: W Richey (Respondent/Defendant)