Rashid v Smar Pty Ltd [2013] NSWSC 1712

Supreme Court New South Wales

Medium Neutral Citation: Rashid v Smar Pty Ltd [2013] NSWSC 1712 Hearing dates: 18 November 2013 Decision date: 18 November 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The appeal from the judgment of the Local Court dated 6 March 2013 in case number 2012/00250935 be dismissed. (2) There be a grant of leave to appeal from the judgment of the Local Court dated 11 April 2013 in case number 2012/00250935 dismissing the plaintiff's notice of motion filed 12 March 2013. (3) The appeal from the judgment of the Local Court dated 11 April 2013 in case number 2012/00250935 be allowed. (4) The orders made by the Local Court on 11 April 2013 in case number 2012/00250935 dismissing the plaintiff's notice of motion filed 12 March 2013 and ordering the plaintiff to pay the defendant's costs on an indemnity basis be set aside. (5) There be remitted to the Local Court for determination the hearing of the plaintiff's notice of motion filed 12 March 2013 in case number 2012/00250935. (6) The proceedings be otherwise dismissed. (7) I order the plaintiff to pay the defendant's costs of these proceedings up to and including 28 October 2013. (8) There be no order as to the costs of either party to these proceedings thereafter. Catchwords: JUDICIAL REVIEW - appeal from judgments of Local Court - leave to appeal from an interlocutory order of the Local Court - whether plaintiff was denied procedural fairness - plaintiff was unrepresented and had language difficulties - whether Magistrate erred in finding no triable issue - costs. Legislation Cited: - Evidence Act 1995 - Local Court Act 2007 - Supreme Court Act 1970 - Uniform Civil Procedure Rules 2005 Cases Cited: - Lesley Swan v The Owners - Strata Plan 32735 [2013] NSWSC 1635 - Sayed v Deng [2012] NSWSC 851 Category: Principal judgment Parties: Harunur Rashid (Plaintiff) Smar Pty Ltd (Defendant) Representation: Counsel: F.F. Salama (Plaintiff) H.E. Jewell (Defendant) Solicitors: Legal Wisdom (Plaintiff) Craig Milne & Co (Defendant) File Number(s): 2013/143074