Crane v The Mission to Seafarers Newcastle Incorporated [2018] NSWSC 429

Supreme Court New South Wales

Medium Neutral Citation: Crane v The Mission to Seafarers Newcastle Incorporated [2018] NSWSC 429 Hearing dates: 28 March 2018 Date of orders: 12 April 2018 Decision date: 12 April 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Leave is given to the plaintiff to file the proposed amended summons. (2) Such amended summons is to be filed and served by 4 April 2018. (3) The plaintiff is to pay the defendant's costs thrown away by reason of the amendment to the summons. (4) The defendant's notice of motion filed 5 February 2018 is dismissed. (5) Costs of the motion are to be costs in the cause. Catchwords: APPEALS – appeal from Local Court – competency challenge to appeal – questions of law and mixed questions of fact and law asserted by plaintiff – reliance by defendant on disproportionality between judgment sought and costs – whether summons complied with the Rules - claim by plaintiff for a monetary sum pursuant to the termination of his position as chaplain to the defendant – whether defendant was employer of plaintiff – whether adequate reasons were given by Magistrate – disproportionality did not make appeal incompetent – disproportionality relevant to the grant of leave - defects in form of summons could be rectified by amendment without prejudice to defendant Legislation Cited: Associations Incorporation Act 2009 (NSW) s 21 Civil Procedure Act 2005 (NSW) ss 56, 60 Local Court Act 2007 (NSW) ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW) rr 50.4, 50.12, 50.16A Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bonette v Woolworths Ltd (1937) 37 SR (NSW) 142 Campbelltown City Council v Vegan & Ors (2006) 67 NSWLR 372; [2006] NSWCA 284 Coshott v Vardas [2017] NSWCA 258 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 HIA Insurance Services Pty Limited trading as Home Owners Warranty v Kostas & Ors [2008] NSWCA 297 Housing Commission of NSW v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Jennings v Credit Corp Australia Pty Ltd (2000) 48 NSWLR 709; [2000] NSWSC 210 MacPhail v MacPhail [2017] NSWSC 942 McDermid v Anglican Trusts Corporation for the Diocese of Gippsland & McIntyre [2012] VCC 1406 Prieston v Warwick John Williams Pty Ltd [2017] NSWSC 1577 R L & D Investments P/L v Bisby [2002] NSWSC 1082; (2002) 37 MVR 479 Sattar v Boral Constructions Materials Group Limited [2018] NSWSC 196 Sayed v Deng [2012] NSWSC 851 Sturt and Anor v The Right Reverend Dr Brian Farran, Bishop of Newcastle & Ors [2012] NSWSC 400 SZKLO v Minister for Immigration and Citizenship [2008] FCA 735; (2008) 247 ALR 582 Westport Insurance Corporation v Gordian Runoff Limited (2011) 244 CLR 239; [2011] HCA 37 Zelden v Sewell Henamast Pty Limited v Sewell [2011] NSWCA 56 Texts Cited: Nil Category: Procedural and other rulings Parties: John Crane (Plaintiff) The Mission to Seafarers Newcastle Incorporated (Defendant) Representation: Counsel: Philip Bambagiotti (Plaintiff) N Avery-Williams (Defendant)