Droga v Cannon [2015] NSWSC 1502

Supreme Court New South Wales

Medium Neutral Citation: Droga v Cannon [2015] NSWSC 1502 Hearing dates: 12 October 2015 Date of orders: 12 October 2015 Decision date: 16 October 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Ground 4 of the Summons filed 16 July 2015 is struck out. 2. The Plaintiff has leave to file an amended summons in the form of annexure "I" to the affidavit of Vanessa Leonie Naidu sworn 10 September 2015 but omitting paragraph 4 therefrom. 3. The Plaintiff is to pay the costs of the Defendant's Motion filed 10 September 2015. 4. The Plaintiff is to pay the costs of the Plaintiff's Motion filed 10 September 2015. Catchwords: APPEAL – appeal to the Court from Local Court – grounds of appeal – whether a ground alleging the magistrate allowed lawyers to fail to comply with s 56 Civil Procedure Act should be struck out – whether an error of law – whether vexatious and embarrassing – ground struck out Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Avery v R [2015] NSWCCA 50 Baulderstone Hornibrook Engineering Pty Ltd V Gordian Runoff Ltd [2008] NSWCA 243 Nowlan v Marson Transport Pty Ltd [2001] NSWCA 346; (2001) 53 NSWLR 116 White v Overland (2001) FCA 1333 Zreika v R [2012] NSWCCA 44 Texts Cited: Mark Aronson & Matthew Groves, Judicial Review of Administrative Action (5th Ed 2013, Thomson Reuters) Category: Procedural and other rulings Parties: Lisa Droga (Plaintiff) Duncan Cameron (First Defendant) State Transit Authority of NSW (Second Defendant) Representation: Counsel: S Walsh (Plaintiff) K Oliver (Defendants)