Qasim v Pignataro [2016] NSWDC 18

District Court New South Wales

Medium Neutral Citation: Qasim v Pignataro [2016] NSWDC 18 Hearing dates: 9 February 2016 Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The summons filed in the District Court on 11 January 2016 is dismissed pursuant to r 13.1 Uniform Civil Procedure Rules 2005 (NSW). (2) The plaintiff is to pay the defendants' costs of these proceedings on an indemnity basis pursuant to s 98 Civil Procedure Act 2005 (NSW). Catchwords: APPEAL – jurisdiction to hear appeal under s 39 Local Court Act 2007 (NSW) – proceedings in the Local Court General Jurisdiction – appeal from the Local Court should be brought in the Supreme Court and not in the District Court – appeal brought ten months out of time – no power to extend time under s 39(1) – grounds of appeal hopeless – appeal dismissed COSTS – application for indemnity costs granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Local Court Act 2007 (NSW), s 39 Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 13.1, 42.1 and 50.3 Category: Principal judgment Parties: Plaintiff: Dr Shaheen Qasim First Defendant: Robert Pignataro Second Defendant: Mr McGrath and Mrs H Mitchell Third Defendant: Mrs Y Ren and Mr Tu Representation: Counsel: Plaintiff: Dr S Qasim (in person) Defendants: Mr T Bland

Solicitors: Plaintiff: Dr S Qasim (in person) Defendants: Strathfield Law File Number(s): 2016/9530 Publication restriction: None