Girgis v Oueik [2018] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Girgis v Oueik [2018] NSWCA 314 Hearing dates: On the papers Decision date: 14 December 2018 Before: McColl JA; Simpson AJA Decision: Application for leave to appeal dismissed with costs Catchwords: CIVIL PROCEDURE – application for leave to appeal – where dispute about terms of agreement for installation and provision of security cameras – where primary judge disbelieved applicant – where primary judge made findings of fraud and lying under oath against applicant – where applicant made complaint to Judicial Commission while primary judgment reserved about manner in which primary judge conducted hearing – where applicant did not suggest in complaint or otherwise that primary judge should recuse himself – where no reference to complaint in primary judgment – whether arguable basis for apprehended bias demonstrated by primary judge's failure to refer to complaint – whether incontrovertible facts or uncontested testimony identified demonstrated on arguable basis that primary judge's rejection of applicant's evidence erroneous – Fox v Percy (2003) 214 CLR 118; [2003] HCA 22

CIVIL PROCEDURE – application for leave to appeal – agreement for installation and provision of security cameras – whether primary judge erred in reliance on expert evidence in calculation of quantum meruit – where quantum meruit calculations would, if successful, make a difference of $6044.56 to judgment amount – where costs likely to swamp small money sum involved in dispute – necessity of finality in litigation Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) District Court Act 1973 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Carolan v AMF Bowling Pty Ltd t/a Bennetts Green Bowl [1995] NSWCA 69 Collier v Lancer (No 2) [2013] NSWCA 186 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Kumargamage v Rallis (No 2) [2001] NSWSC 710 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Vakauta v Kelly (1989) 167 CLR 568; [1989] HCA 44 Zelden v Sewell Henamaste Pty Ltd [2011] NSWCA 56 Category: Principal judgment Parties: Michael Girgis (Applicant) Ronney Oueik (First Respondent) BBC Developments Pty Ltd (Second respondent) Representation: Counsel: L J Byrne (Applicant) C D Wood (Respondent) Solicitors: Abrahams & Associates Lawyers (Applicant) Paramonte Legal (Respondents) File Number(s): 2018/222514 Publication restriction: No Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: N/A Date of Decision: 22 June 2018 Before: Wilson SC DCJ File Number(s): 2016/140487