Madormo v Tramonte [2023] NSWSC 450

Madormo v Tramonte [2023] NSWSC 450

The summons was dismissed because the appellant did not establish a sound basis for an extension of time or for setting aside the Local Court decision. The Court was not satisfied that any attempt had been made to obtain an adjournment from the Local Court or by contacting the respondents' solicitor, and the alleged communications were uncorroborated and contradicted by the Local Court transcript and other evidence. The Covid-19 regulations point was not effectively taken in the Local Court except in relation to interest, the evidence suggested that the appellant withdrew from the relief process, and the appellant did not show that the costs order was erroneous.

Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Appeal From Local Court to Supreme Court Concerning Rental Arrears / Summons Seeking Leave to Appeal and Extension of Time; Dismissed
Outcome
Summons dismissed; appellant to pay the respondents' costs of the summons.
Legal Topics
['appeal From Local Court' 'extension of Time' 'procedural Fairness' 'ex Parte Hearing' 'covid 19 Commercial Lease Regulations' 'rental Arrears' 'costs Orders']
['civil Procedure' 'appeals' 'commercial Leasing' 'costs'] ['appeal From Local Court' 'extension of Time' 'procedural Fairness' 'ex Parte Hearing' 'covid 19 Commercial Lease Regulations' 'rental Arrears' 'costs Orders']

Case Brief

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Procedural Posture

Appeal From Local Court to Supreme Court Concerning Rental Arrears / Summons Seeking Leave to Appeal and Extension of Time; Dismissed

Legal Issues

  1. 1 ['Whether the appellant should be granted an extension of time to file the summons seeking leave to appeal from the Local Court judgment.' 'Whether the Magistrate denied the appellant procedural fairness by proceeding with the Local Court hearing in his absence despite the alleged attempt to obtain an adjournment.' 'Whether the appellant had any arguable defence based on the Retail and Commercial Leases (Covid-19) Regulations 2020 (NSW).' 'Whether the costs orders made by the Magistrate were erroneous.']

Ratio Decidendi

The summons was dismissed because the appellant did not establish a sound basis for an extension of time or for setting aside the Local Court decision. The Court was not satisfied that any attempt had been made to obtain an adjournment from the Local Court or by contacting the respondents' solicitor, and the alleged communications were uncorroborated and contradicted by the Local Court transcript and other evidence. The Covid-19 regulations point was not effectively taken in the Local Court except in relation to interest, the evidence suggested that the appellant withdrew from the relief process, and the appellant did not show that the costs order was erroneous.

Court Disposition

Summons dismissed; appellant to pay the respondents' costs of the summons.

Orders

  • ['The summons dated 10 November 2022 is dismissed.' "The appellant is to pay the respondents' costs of the summons."]