Katter v Melhem [2015] NSWCA 213

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Katter v Melhem [2015] NSWCA 213 Hearing dates: 16 April 2015 Decision date: 28 July 2015 Before: McColl JA at [1]; Leeming JA at [2]; JC Campbell AJA at [3] Decision: 1. Extend the time for bringing the summons filed in proceedings 2014/364845 to and including 11 December 2014, on terms that clause 4 of that summons not be relied on. 2. Quash the orders given on 22 July 2013 in proceedings 2011/144484 in the District Court of New South Wales. 3. Prohibit the District Court of New South Wales from taking any further steps in proceedings 2011/144484 on the basis that the orders given on 22 July 2013 in those proceedings are valid. 4. Dismiss the summons seeking leave to appeal filed in this court in proceedings 2015/89863. 5. Dismiss the appeal filed in this court in proceedings 2015/89841. 6. Order Robert George Melham to pay 90 per cent of the costs of Joseph Katter and Susan Vera Katter in proceedings 2014/364845, 2015/89863 and 2015/89841 in this Court. Catchwords: JUDGMENTS AND ORDERS – judgment entered for a particular sum, on a particular cause of action – judgment cannot later be entered for a larger sum on the same cause of action - JUDGMENTS AND ORDERS – effect of reservation of liberty to apply JUDICIAL REVIEW – review by Court of Appeal of decision of the District Court – time limit for bringing proceedings – construction of UCPR 59.10(5) – whether the words "proceedings in which the setting aside of a decision is not required" in UCPR 59.10(5) mean that the orders sought in the judicial review proceedings include an order setting aside the decision PROCEDURE – enforcing agreement to settle legal proceedings – whether action seeking enforcement can be brought by notice of motion in the proceedings that have been settled - JUDICIAL REVIEW – failure of a court to accord natural justice as a jurisdictional error – whether failure to accord natural justice capable of being cured by subsequent proceedings COURTS AND TRIBUNALS – jurisdictional limit of District Court in "actions" of $750,000 – circumstances in which District Court has jurisdiction to enter judgment for more than $750,000 – whether jurisdiction to award more than $750,000 can be conferred by waiver or estoppel - COURTS AND TRIBUNALS – jurisdictional limit of District court in "actions" – when interest is included in the amount that makes up the $750,000 jurisdictional limit - COURTS AND TRIBUNALS – whether court commits error of law in entering judgment to give effect to a contractual provision that is a penalty, when no claim has been made that the provision is a penalty - COURTS AND TRIBUNALS – District Court – whether equitable jurisdiction of District Court to grant specific performance is invoked when court enters judgment in accordance with terms of settlement agreed by parties - EQUITABLE REMEDIES – specific performance – whether involved in court entering judgment in accordance with terms of settlement agreed by parties - JUDICIAL REVIEW – review by Court of Appeal of decision of District Court – extension of time limit for bringing proceedings – relevant factors – significance of application for extension of time being heard at same time as the substantive application for judicial review - JUDICIAL REVIEW – orders under s 69 Supreme Court Act 1970 in the nature of prohibition – whether discretionary - JUDGMENTS AND ORDERS – declarations – when appropriate to make - APPEAL – contention that court of limited jurisdiction has exceeded its jurisdiction – whether properly raised by appeal rather than by application for declaration or relief under s 69 Supreme Court Act 1970 Legislation Cited: Bankruptcy Act 1966 (Cth), s 40(1)(g) Evidence Act 1995 (Cth), s 157