Sahota v Miroh Pty Ltd t/a "The Rooster Restaurant and Jamison Guest House" [2014] NSWSC 1118

Supreme Court New South Wales

Medium Neutral Citation: Sahota v Miroh Pty Ltd t/a "The Rooster Restaurant and Jamison Guest House" [2014] NSWSC 1118 Hearing dates: 14 August 2014 Decision date: 14 August 2014 Jurisdiction: Common Law Before: Hamill J Decision: (1) The summons (and associated appeal) is dismissed; (2) The plaintiff is to pay the defendant's costs up to 31 July, 2014 on the usual basis; (3) The plaintiff is to pay the defendant's costs from 31 July, 2014 until today on an indemnity basis. (4) The orders (for stay) made by the Local Court on 3 October, 2013 are set aside. Catchwords: CIVIL LAW - appeal against decision of Magistrate - failure to prosecute appeal - bizarre procedural history - confusion over identity of parties - summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: First Plaintiff: Jatinder Singh Sahota Second Plaintiff: Roma Gallery Pty Ltd First Defendant: Miroh Pty Ltd t/a "The Rooster Restaurant and Jamison Guest House" Second Defendant: Komal Chhabra Representation: Counsel: No appearance (First Plaintiff) A Paterson (First Defendant) Solicitors: NA Lawyers (First Plaintiff) Maatouks Legal Business Centre (First Defendant) File Number(s): 2013/00282509 Publication restriction: Nil