Marketlend Pty Ltd v Yura Yungi Aboriginal Medical Service [2018] NSWSC 1406

Supreme Court New South Wales

Medium Neutral Citation: Marketlend Pty Ltd v Yura Yungi Aboriginal Medical Service [2018] NSWSC 1406 Hearing dates: 12 September 2018 Decision date: 12 September 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Leave to appeal against the interlocutory judgment that the Local Court of New South Wales had no jurisdiction is refused. 2. Leave to appeal against the order that the applicant pay the respondent's costs of the proceedings in the Local Court is refused. 3. The applicant is to pay the costs of the respondent in respect of the proceedings in this Court. Catchwords: CIVIL PROCEDURE – appeal – jurisdiction – Local Court – Local Court Act 2007 (NSW) 34(1)(c) – whether material part of cause of action arose in New South Wales – where debt arose in Western Australia but debt assigned in New South Wales – whether assignment of debt a material part of cause of action conferring jurisdiction – assignment not an act giving rise to plaintiff's complaint – assignment not a material part of cause of action – leave to appeal refused

COSTS – party/party — exceptions to general rule that costs follow the event – where plaintiff contended magistrate's order that costs follow event unreasonable or plainly unjust – where some delay in defendant challenging jurisdiction – no evidence of magistrate's reasons or that order unreasonable or plainly unjust – costs would not have been incurred if plaintiff instituted proceedings in correct jurisdiction – leave to appeal refused Legislation Cited: District Court Act 1973 (NSW) s 47(1)(c) Local Court Act 20007 (NSW) ss 34(1)(c), 40(2), Div 4 Pt 3 Uniform Civil Procedure Rules 2005 (NSW) r 12.11(2) Cases Cited: Distillers Co (Biochemicals) Ltd v Thompson [1971] 1 NSWLR 83; [1971] AC 458 Falls Creek Ski Lifts Pty Ltd (1995) 37 NSWLR 344 Jackson v Spittall (1870) LR 5 CP 542 Thomas v Penna & Ors (1985) 2 NSWLR 171 Category: Principal judgment Parties: Marketlend Pty Ltd (Plaintiff) Yura Yungi Aboriginal Medical Service (Defendant) Representation: Counsel: Mr A Canceri (Plaintiff) Mr S Kanagaratnam (Defendant)