Onik New Energy Australia Pty Limited v Henderson [2016] NSWSC 186

Supreme Court New South Wales

Medium Neutral Citation: Onik New Energy Australia Pty Limited v Henderson [2016] NSWSC 186 Hearing dates: 18 February 2016 Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The judgment and orders of his Honour Magistrate Dunleavy dated 10 April 2015 are affirmed. (4) The summons filed 5 May 2015 is dismissed. (5) The plaintiff is to pay the defendants' costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL – Local Court – interlocutory decision to dismiss a statement of claim for want of prosecution – leave to appeal declined – plaintiff can recommence proceedings – no issue of principle – no question of public importance – injustice not reasonably clear

APPEAL – Local Court – plaintiff's solicitor sought extra time to file evidence – defendant's solicitor submitted the statement of claim should be struck out – no failure to afford procedural fairness – no lack of evidentiary basis for decision – no incorrect findings – defendant's solicitor did not mislead court – no consideration of irrelevant matters – appeal dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Civil Procedure Rules 2005 (NSW) Local Court Act 2007 (NSW) Local Court of New South Wales Practice Notice Civ 1 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472; (1986) 24 A Crim R 304 Ashi Pty Limited v Karasco Investments Pty Ltd [2009] NSWSC 780 Be Financial Pty Ltd v Das [2012] NSWCA 164 Coulter v R (1988) 164 CLR 350 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Kapoor v State Transit Authority of NSW [2010] NSWCA 143 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 McCullin v Crawford; Ex parte Crawford (1921) 29 CLR 186 Re Minister for Immigration & Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281 Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Category: Procedural and other rulings Parties: Onik New Energy Australia Pty Limited (Plaintiff) Charlie Henderson (First Defendant) Taylor Athorn (Second Defendant) Melissa Hayes (Third Defendant) Representation: Counsel: S Bogan (Plaintiff) K Balendra (Defendant)