Supercharge Batteries Pty Ltd v Ozkirici [2016] NSWSC 928

Supreme Court New South Wales

Medium Neutral Citation: Supercharge Batteries Pty Ltd v Ozkirici [2016] NSWSC 928 Hearing dates: 7 June 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal on a mixed question of law and fact is refused.

(2) The appeal is dismissed.

(3) The decision of his Honour Magistrate Pierce dated 28 October 2015 is affirmed.

(4) The summons filed 24 November 2015 is dismissed.

(5) The plaintiffs are to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL – Local Court – motor vehicle accident – no issue of principle – whether Magistrate failed to give reasons – Magistrate grappled with issues raised by both parties – contributory negligence not put in issue at the hearing – no error of law

APPEAL – Local Court – motor vehicle accident – whether to grant leave on question of mixed law and fact – no issues of public importance – modest amounts in dispute – leave refused Legislation Cited: Civil Liability Act 2002 (NSW) Local Court Act 2007 (NSW) Cases Cited: Be Financial Pty Ltd v Das [2012] NSWCA 164 Bradley v Matloob [2015] NSWCA 239; 72 MVR 194 Coulton v Holcombe [1986] HCA 33; 162 CLR 1; 65 ALR 656 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Walker v Lee [2011] NSWSC 108 Category: Principal judgment Parties: Supercharge Batteries Pty Ltd (First Plaintiff) John Ward (Second Plaintiff) Rahsan Ozkirici (Defendant) Representation: Counsel: J O'Connor (First & Second Plaintiffs) A Ahmad (Defendant)