Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287 Hearing dates: 20 August 2015 Date of orders: 25 September 2015 Decision date: 25 September 2015 Before: Meagher JA at [1]; Ward JA at [2]; Leeming JA at [74] Decision: (1) Dismiss the applicants' summons seeking leave to appeal with costs. (2) Order that the decision made on 19 December 2014 by his Honour Judge Levy in the District Court be quashed. (3) Order that the proceedings be remitted to the District Court solely on the question as to the costs of the proceedings in the District Court and of the Local Court proceedings. (4) Direct that otherwise the appeal from the decisions of his Honour Magistrate Day made on 18 December 2013 and 29 April 2014 (with the exception of the correction to the amount of the principal damages from $9,843.16 to $9,643.16) be allowed. (5) Order that the respondent pay the applicants' costs of their summons seeking judicial review of the decision made on 19 December 2014. Catchwords: ADMINSTRATIVE LAW – judicial review – decision of the District Court dismissing appeal from Local Court – whether jurisdictional error or error of law on the face of the record – whether Local Court magistrate acted outside the jurisdiction of the Court by making an order for indemnity costs - whether Local Court magistrate acted outside the jurisdiction of Court by transferring proceedings from the Small Claims Division to the General Division after judgment had been made in the proceedings