MAHMOUD v ABBAS [2002] NSWSC 691

New South Wales Supreme Court

CITATION : MAHMOUD v ABBAS [2002] NSWSC 691 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 10586/02 HEARING DATE(S) : 9 July 2002 JUDGMENT DATE : 9 July 2002

Tosson Mahmoud (Plaintiff)

PARTIES : v

Hassan Abbas (Defendant) JUDGMENT OF : Adams J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : Plaintiff in person Mr Patrick Griffin (Defendant) SOLICITORS : Plaintiff in person Defendant in person LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 DECISION : Summons dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

TUESDAY 9 JULY 2002 10586/02

TOSSON MAHMOUD v HASSAN ABBAS

JUDGMENT

1 HIS HONOUR: This is an appeal under s 69 of the Local Courts (Civil Claims) Act 1970 from the decision of an assessor sitting at Parramatta Local Court on 13 November 2001. That date had been fixed by the assessor following a hearing on 9 October 2001 at which the assessor received evidence from the parties. It is disputed by the plaintiff that the time was fixed on the second date at 4pm to suit his convenience as a teacher. He did not appear at 4pm and the assessor proceeded to complete the hearing and gave judgment against him. 2 The plaintiff filed a notice of motion seeking to set aside the assessor's decision, giving an explanation for his absence on the 13 November 2001. That notice of motion was served on the 5 December 2001 and the affidavit in support states the reasons then given by the plaintiff for his non-attendance. Those reasons are that the plaintiff wished to set aside the judgment of 13 November because he could not come to Court on time at 4 o'clock. He said - "For reasons totally beyond my control for the matter slipped off my mind and I only remember it at 3.40pm because of tragic event on the previous day which stressed me heavily and as a result went to bed very early and very exhausted and consequently be aware of the appointment of the 13 November 2001 and completely forget that appointment. I am shocked, angry and very sad because of forgetting that appointment. I possess strong evidence and documents to present to Court to show clearly I am not in debt to Hassan Abbas. I need another chance to present my documents and evidence to Court and for the Court to set another date for hearing. I called Court at 3.40 on 13 November 2001 to allow me to come at 4.45 but it refused and the assessor refused to speak to me."