Xie v DY United Pty Limited [2013] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: Xie v DY United Pty Limited [2013] NSWSC 48 Hearing dates: 4 February 2013 Decision date: 04 February 2013 Jurisdiction: Common Law Before: Johnson J Decision: Leave to appeal is refused. The Summons is dismissed. An order is made under s.98(4)(c) Civil Procedure Act 2005 that the Plaintiff pay the Defendant's costs by way of a specified gross sum costs order in the amount of $6,000.00 Catchwords: APPEAL - Local Court - civil claim - Plaintiff fails to appear at hearing - Magistrate gives judgment for Defendant - Plaintiff applies to set aside judgment - Magistrate dismisses application - Parts 36.15 and 36.16 Uniform Civil Procedure Rules 2005 - application for leave to appeal to Supreme Court under s.40 Local Court Act 2007 - no arguable ground of appeal - approach of Court to unrepresented litigant - leave to appeal refused Legislation Cited: Local Court Act 2007 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Director of Public Prosecutions v Illawarra Cashmart Pty Limited [2006] NSWSC 343; 67 NSWLR 402 Reisner v Bratt [2004] NSWCA 22 Northey v Bega Valley Shire Council [2012] NSWCA 28 Texts Cited: --- Category: Principal judgment Parties: Stanley Xie (Plaintiff) DY United Pty Limited (Defendant) Representation: Counsel: Mr S Xie (in person) Mr DP O'Connor (Defendant) Solicitors: Bazzi Lawyers (Defendant) File Number(s): 2012/293768 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2012-08-23 00:00:00 Before: Magistrate Grogin File Number(s): 2010/345998