Dear v Cassar [2003] NSWLC 3

Local Court of New South Wales

CITATION: Dear v Cassar [2003] NSWLC 3 JURISDICTION: Civil Dolores Dear (Plaintiff) PARTIES: Mathew Cassar (first Defendant) Slaveo Skara (second Defendant & Third Party) FILE NUMBER: 10491/2002 PLACE OF HEARING: Downing Centre Local Court Sydney DATE OF DECISION: 04/12/2002 MAGISTRATE: Magistrate P S Cloran CATCHWORDS: Civil - Arbitration Arbitration (Civil Actions) Act 1983 LEGISLATION CITED: Local Courts (Civil Claims) Act 1970 Arbitration (Civil Actions) Regulation 1999 Csalar v Circosta (2002) NSWSC 482 CASES CITED: In Re Tyler ex Parte Foley (HC unrep 1/6/94) REPRESENTATION: Ms Guarnieri for Plaintiff & mentions for first Defendant Mr Gasic for second Defendant ORDERS: 1. I hold that the court has no jurisdiction to continue with the hearing of this matter.

Reasons for Decision

1 The plaintiff instituted proceedings against the first and second defendants as the drivers of two motor vehicles in an accident on 15th May, 1999. Proceedings were commenced on 13 August, 1999 for a total amount of $4,286.09, and at that time (being prior to 25th September, 2000, the date of commencement of the Courts Legislation Amendment Act 1999) in the General Division of the Court. 2 The matter was heard before an arbitrator on 23rd August, 2001. An application by way of Notice of Motion was made for an extension of time to file an application for a re-hearing on 12 March,.2002, presumably pursuant to Part 4 Rule 2 of the Local Courts (Civil Claims) Rules (the Rules) That motion was granted on 19th April, 2002 when the court granted a re-hearing and purported to set aside the Arbitration Orders. The matter has to be listed for hearing, however, the jurisdictional question raised by the decision of O'Keefe J. in Csalar v. Circosta [2002] NSWSC 482 has been raised and it is necessary for the Court to deal with that jurisdictional issue before setting a hearing date. 3 Section 12 of the Local Courts (Civil Claims) Act relevantly provides 12. Limits of jurisdiction (1) Subject to this Part, a court sitting in its General Division has jurisdiction to hear and determine actions for the recovery of any debt, demand or damage (whether liquidated or unliquidated) in which the amount claimed is not more than $40,000, whether on a balance of account or after an admitted set-off or otherwise. (3) Subject to this Part, a court sitting in its Small Claims Division has jurisdiction to hear and determine actions for the recovery of any debt, demand or damage (whether liquidated or unliquidated) in which the amount claimed is not more than $10,000, whether on a balance of account or after an admitted set-off or otherwise. (5) Nothing in subsection (3) or (4) prevents an action under the subsection from being heard and determined by a court sitting in its General Division.