Kostov v Amelie Housing [2018] NSWSC 1800

Supreme Court New South Wales

Medium Neutral Citation: Kostov v Amelie Housing [2018] NSWSC 1800 Hearing dates: 21 November 2018 Date of orders: 21 November 2018 Decision date: 21 November 2018 Jurisdiction: Common Law Before: Fagan J Decision: (1) The plaintiff's notice of motion filed 23 October 2018 is dismissed with costs.

(2) Leave to appeal from the Local Court is refused.

(3) The summons is dismissed. Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – no reasonable cause of action disclosed – summons for purported appeal against Local Court interlocutory decision refusing leave to amend statement of claim – notice of motion seeking to set aside Supreme Court interlocutory decision removing second defendant on summons from proceedings – where no justification for grant of leave to appeal advanced – where irrelevant provisions of Uniform Civil Procedure Rules 2005 (NSW) invoked on notice of motion – where non-appearance of plaintiff when summons and notice of motion made returnable – notice of motion dismissed – leave to appeal refused and summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Kostov v St Vincent De Paul Housing trading as Amelie Housing & Anor [2018] NSWSC 1581 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Texts Cited: N/A Category: Procedural and other rulings Parties: Adriana Kostov (plaintiff) Amelie Housing (defendant) Representation: No appearance (plaintiff) C Peterson (defendant)