Picos v Western Pacific Automotive Pty Ltd [2018] NSWSC 536

Supreme Court New South Wales

Medium Neutral Citation: Picos v Western Pacific Automotive Pty Ltd [2018] NSWSC 536 Hearing dates: 21 March 2018 Date of orders: 30 April 2018 Decision date: 30 April 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is refused.

(2) The decision of her Honour Magistrate Keogh dated 22 November 2017 is affirmed.

(3) The amended summons dated 18 December 2017 is dismissed.

(4) The plaintiff is to pay the defendant's costs on an ordinary basis. If the plaintiff seeks a different order for costs, she should contact the parties and my Associate notifying them of her intention to make submissions that a different costs order be made within 14 days. If notification is not received within 14 days, the order for costs is confirmed. Catchwords: APPEAL – Local Court – leave to appeal – dismissal and incompetency – Uniform Civil Procedure Rules, 50.16A – Local Court Act 2007 (NSW), s 40 – whether Local Court's decision is interlocutory or final – whether leave should be granted on questions of mixed fact and law – questions of law – Local Court Act 2007 (NSW), ss 34 and 39 – whether procedural fairness was afforded to the plaintiff – whether the Local Court has jurisdiction to hear a claim under the Australian Consumer Law – whether Local Court has power to dismiss proceedings for want of jurisdiction – Judiciary Act 1903 (Cth), s 39 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 67 and 140 Competition and Consumer Act 2010 (Cth), Sch 2, ss 9 and 54, 259(2), 260E, 263(4) and 278 Local Court Act 2007 (NSW), ss 34, 39, 40 and 41 Local Court Rules 2009 (NSW) Judiciary Act 1903 (Cth), s 39(2) Service and Execution Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 12.11 and 50.16A Cases Cited: B & L Linings Pty Limited v Chief Commissioner of State Revenue (2008) 74 NSWLR 481; [2008] NSWCA 187 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bracks v Smyth-Kirk (2009) 263 ALR 522; [2009] NSWCA 401 Coulter v R (1988) 164 CLR 350 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 Ly and Another v Jenkins and Others [2001] FCA 1640 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 SZAJB v Minister for Immigration and Citizenship (2008) 168 FCR 410 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Zelden v Sewell; Henamast Pty Ltd v Sewell [2001] NSWCA 56 Category: Principal judgment Parties: Connie Louise Picos (Plaintiff) Western Pacific Automotive Pty Ltd (First Defendant) Mercedes-Benz Financial Services Australia Pty Ltd (Second Defendant) Representation: Counsel: Self represented (Plaintiff) J Williams (First Defendant) C Tam (Second Defendant)