Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers Pty Ltd [2014] NSWSC 1548

Supreme Court New South Wales

Medium Neutral Citation: Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers Pty Ltd [2014] NSWSC 1548 Hearing dates: 5 & 12 November 2014 Decision date: 12 November 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. The Plaintiff is given leave to rely on the affidavit of Sharon Wong filed 26 September 2014; 2. The Plaintiff is not entitled to rely on the affidavit of Brian Hans Christenson sworn 29 September 2014; 3. The Plaintiff's Notice of Motion filed 20 October 2014 is dismissed; 4. Costs of the Motions are the Defendant's costs in the cause. Catchwords: PROCEDURE - affidavits - leave sought to rely on affidavits served late - application out of time to adduce expert evidence - proportionality - two claims where amount in issue less than $5000 - expert evidence establishes damage at $339 - application refused - whether matters should be transferred to the Local Court - legal issues relevant to a number of other cases on similar facts - need for a binding ruling - hearing date already fixed Legislation Cited: Civil Procedure Act 2005 (NSW) Fair Trading Act 1987 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules (2005) NSW Cases Cited: Chapman v Chapman [2007] NSWSC 1109 The Owners of Number 7 Steam Sand Pump Dredger v The Owners of SS "Greta Holme" [1897] AC 596 Provate Parking Services (Vic) Pty Ltd v Huggard (Supreme Court (Vic), Batt J, 15 February 1996, unrep) Stapley v Towing Masters Pty Ltd [2009] NSWSC 139 West Midlands Travel Ltd v Aviva Insurance UK Ltd [2013] EWCA Civ 887 Texts Cited: Fleming, The Law of Torts (9th ed) (1998) LBC Information Services Category: Interlocutory applications Parties: Wong Proceedings: Sharon Wong (Plaintiff/First Cross-Defendant) Maroubra Automotive Refinishers Pty Ltd (Defendant/Cross-Claimant) Insurance Australia Ltd t/as NRMA Insurance (Second Cross-Defendant)