RIZZUTI v FORSHAW [1990] NSWCA 157

RIZZUTI v FORSHAW

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER and HANDLEY JJA 6 February 1990, 6 February 1990 [1990] NSWCA 157

Professional negligence — Admissibility of evidence — Whether quantum would exceed jurisdiction of District Court — Transfer of Proceedings to Supreme Court — Dismissal of appeal. the costs of the motion.

Clarke JA (On Notice of Motion)

The first matter before the Court is a notice of motion pursuant to which Mr Rizzuti has sought that the Court review the decision of Mr Justice Samuels whereby his Honour dismissed a notice of motion which Mr Rizzuti had filed in court.

Primary reliance is placed upon the affidavit material that was filed before the Court and considered by Mr Justice Samuels, but, in addition, Mr Rizzuti has relied upon evidence of damages which he claims to have suffered and which appears in an affidavit filed in court following the hearing before Mr Justice Samuels. He also relies upon the transcript of evidence before his Honour in partial support of a contention that an interpreter misled the Court.

The orders which were sought in the original notice of motion, and which have been sought again today, are many in number and in most instances are orders which it would be highly unlikely that this Court would make. There are, in addition, some orders sought, and I have in mind a claim for security for costs, which it is within the usual operation of this Court to make, although, obviously, only if supported by appropriate evidence.

Upon a review of all of the evidence which has been filed, I am unable to discern any basis upon which any of the orders can be made. There is no evidentiary basis for the ordering of security against the present respondent, nor has any reason been shown why any of the other orders, which are, I apprehend, in the nature of preliminary orders, should be made, and, accordingly, I agree with Mr Justice Samuels in his conclusion that the notice of motion contains very little of substance and that which is of substance is unsupported by evidence.