Steele v Streeter-Smith [2012] NSWSC 1091

Supreme Court New South Wales

Medium Neutral Citation: Steele v Streeter-Smith [2012] NSWSC 1091 Hearing dates: 11/05/2012 Decision date: 13 September 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) Summons dismissed. (2) Plaintiff to pay the defendant's costs. Catchwords: APPEAL - appeal from Local Court - magistrate dismissed statement of claim - whether error of law or error of mixed fact and law - no reasonable cause of action disclosed - proceedings an abuse of process Legislation Cited: Local Court Act 2007 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Trevor Steele (P1) Estate of the late Doreen Steele (P2) Dr Guy Streeter-Smith (1D) Smith Street Medical Centre (2D) Representation: Counsel: T Steele (P) L Wilson (1D) S King (2D) Solicitors: Sparke Helmore Lawyers (1D) TressCox Lawyers (2D) File Number(s): 2011/177005

Judgment 1On 21 October 2011, Trevor Steele caused a summons commencing an appeal, and a summons seeking leave to appeal, to be filed in the Supreme Court of NSW. 2Mr Steele was then, and has been throughout these proceedings, acting and appearing for himself. 3The summons sought to challenge the decision of the Local Court sitting at Newcastle constituted by Buscombe LCM. That decision was made on 23 September 2011, after a hearing which occurred on 16 September 2011. 4There are two defendants in the proceedings in this Court, and in the Local Court. The first defendant is Dr Guy Streeter-Smith, who, so it was alleged, was a general practitioner who treated the late Mrs Doreen Steele. The second defendant, Smith Street Medical Centre, is the medical centre at which the first defendant conducted his practice. 5The orders which Mr Steele sought were: "1. Leave to appeal to from the whole of the decision below; 2. Appeal allowed; 3. The entire previous judgment put aside and the orders be made" 6The proceedings came before the Court for directions on a number of occasions and were finally heard on 11 May 2012. At the conclusion of the hearing on 11 May 2012, leave was granted to Mr Steele to supplement his submissions in writing. 7Further submissions were received.