Choo v Banking & Financial Services Ombudsman Ltd [2008] NSWSC 1098

New South Wales Supreme Court

CITATION : Choo v Banking & Financial Services Ombudsman Ltd [2008] NSWSC 1098

HEARING DATE(S) : 2 September 2008 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 2 September 2008

DECISION : Adjournment refused. Appeal allowed only to clarify certain orders, otherwise dismissed, with costs.

CATCHWORDS : PROCEDURE – APPEALS – self-represented appellant – appeal from decision of Associate Judge – where only real issue is costs – where Notice of Appeal raises numerous irrelevant side issues – where appellant unable to articulate substantive relief sought – where appellant disputed accuracy of transcript – whether appellant should be granted adjournment to prepare written submissions – whether appellant should be granted adjournment to obtain audio recordings of earlier proceedings - COSTS – whether Associate Judge's exercise of discretion in ordering appellant to pay certain costs miscarried.

LEGISLATION CITED : (NSW) Civil Procedure Act 2005, ss 56, 57 (NSW) Uniform Civil Procedure Rules, r 49.19

CATEGORY : Procedural and other rulings

Hong Hee Choo (plaintiff) PARTIES : Banking & Financial Services Ombudsman Ltd (first defendant) Colin Robert Neave (second defendant) Angelique Stella (fourth defendant)

FILE NUMBER(S) : SC 3131/06

COUNSEL : Mr Choo (in person) (plaintiff) Mr D J A Mackay (defendants)

SOLICITORS : Kennedys Lawyers (defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

BRERETON J