Mahommed v Unicomb [2017] NSWCA 65

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahommed v Unicomb [2017] NSWCA 65 Hearing dates: 24 February 2017 Decision date: 03 April 2017 Before: Macfarlan JA at [1]; Ward JA at [2]; McDougall J at [64] Decision: 1. Set aside the orders made by Gibson DCJ striking out and dismissing the plaintiff's claim, other than the striking out of the consumer claims (that is, where damages are claimed for misleading and deceptive conduct or unconscionable conduct in breach of one or more of provisions of the Trade Practices Act 1974 (NSW), the Fair Trading Act 1987 (NSW), and the Australian Consumer Law) and other than the costs order made by her Honour. 2. Transfer the proceedings in the District Court to the Supreme Court pursuant to s 140 of the Civil Procedure Act 2005 (NSW). 3. Direct that the proceedings as transferred to the Supreme Court be listed before the Registrar in Equity for directions as to the further conduct of the proceedings, including as to the filing of amended pleadings (noting the undertaking proffered to this Court by the applicant's solicitor in that regard), and direct that on the filing of an amended statement of claim the applicant file an affidavit verifying that the amended statement of claim has been settled by Senior Counsel. 4. Costs of the proceedings in this Court be the defendant's costs in the cause in the Equity Division proceedings. Catchwords: JUDICIAL REVIEW – application for judicial review under s 69 of the Supreme Court Act 1970 (NSW) – whether District Court judge erred had jurisdiction in relation to claims in debt, quasi-contract, equitable claims, and statutory claims under the Fair Trading Act 1987 (NSW), Trade Practices Act 1974 (Cth), Competition and Consumer Act 2010 (Cth) and Corporations Act 2001 (Cth)