Minotti v State Rail Authority of NSW [2006] NSWCA 91

New South Wales Court of Appeal

CITATION: Minotti v State Rail Authority of NSW [2006] NSWCA 91

HEARING DATE(S): 4 April 2006 JUDGMENT OF: Giles JA; Bryson JA; Young CJ in Eq

EX TEMPORE JUDGMENT DATE: 04/04/2006

DECISION: Application for leave to appeal dismissed with costs.

CATCHWORDS: Application for leave to appeal- Summary judgment- Test as to whether there is a real question to be tried- Obiter dicta that Civil Procedure Act 2005 might widen the test.

LEGISLATION CITED: Civil Procedure Act 2005 Transport Authorities Act 1980, Sch 5 cl 5

PARTIES: Kenneth John Minotti (Claimant) State Rail Authority of NSW (Opponent)

FILE NUMBER(S): CA 40694/05

COUNSEL: C Hart (Claimant) A B Parker (Opponent)

SOLICITORS: Bale Boshev Lawyers (Claimant) Moroney Betts (Opponent)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): 14882/90

LOWER COURT JUDICIAL OFFICER: Associate Justice Malpass

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40694/05

GILES JA BRYSON JA YOUNG CJ in EQ

Tuesday 4 April 2006 KENNETH JOHN MINOTTI v STATE RAIL AUTHORITY OF NSW Judgment

1 THE COURT: This is an application for leave to appeal from a decision of Associate Justice Malpass who, on a motion by the opponent, ordered that summary judgment be given for the opponent. Technically, the opponent should have given evidence on which the Court could have concluded that there was no document that constituted a notice in writing of election under Sch 5 cl 5 of the Transport Authorities Act 1980.