Liu v Cooper [2017] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Liu v Cooper [2017] NSWSC 1490 Hearing dates: 1 September 2017 Date of orders: 02 November 2017 Decision date: 02 November 2017 Jurisdiction: Common Law Before: Wilson J Decision: 1. The amended summons dated 1 September is dismissed. 2. Mr Liu is to pay Mr Coopers costs, subject to any further application by Mr Cooper for indemnity costs. 3. Any such application is to be filed and served by 4pm on 8 November 2017 and any response to be filed and served within 7 days thereafter. 4. Any such application will be dealt with on the papers in Chambers. Catchwords: CIVIL LAW – appeal from decision of the Local Court Small Claims Division original dispute over $12,000 – question of law alone – asserted denial of procedural fairness – asserted failure to assist unrepresented litigant – question of adequacy of reasons – no error established – no point of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Abram v Bank of New Zealand (1996) ATPR 41-507 Aon Risk Services Australia v Australian National University (2009) 239 CLR 175 Minogue v Human Rights and Equal Opportunities Commission (1999) 166 ALR 129 Reisner v Bratt [2004] NSWCA 22 Sali v SPC Ltd (1993) 67 ALJR 841 State Pollution Control Commission v Australian Iron and Steel Pty Ltd (1992) 29 NSWLR 487 Yusof v AAMI [2016] VSC 518 Category: Principal judgment Parties: Dejiang Liu – Plaintiff Barry Cooper – Defendant Representation: Counsel: Mr MK Condon SC – Plaintiff Dr AL Connolly – Defendant