Hean & Anor v Thai & Anor [2005] NSWSC 460

Hean & Anor v Thai & Anor [2005] NSWSC 460

There was no denial of natural justice as both plaintiffs were given the opportunity to make further submissions after the relevant decision (Ho) was handed down, but chose not to do so. The Assessor's approach to quantum was not an error justifying appellate intervention as the statutory basis for appeal is limited to jurisdiction or denial of natural justice, neither of which was established.

Jurisdiction
Australia
Judgment Date
17 May 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeals dismissed
Legal Topics
['appeal From Small Claims Division' 'natural Justice' 'quantum of Damages' 'assessment of Damages']
['civil Procedure'] ['appeal From Small Claims Division' 'natural Justice' 'quantum of Damages' 'assessment of Damages']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether there was a denial of natural justice in the proceedings before the Assessor in the Local Court Small Claims Division' 'Whether Assessor Roberts erred in disregarding the admissions of liability and part confession filed by the defendants' 'Whether the Assessor erred in the application of the law as to the assessment of reasonable repair costs']

Ratio Decidendi

There was no denial of natural justice as both plaintiffs were given the opportunity to make further submissions after the relevant decision (Ho) was handed down, but chose not to do so. The Assessor's approach to quantum was not an error justifying appellate intervention as the statutory basis for appeal is limited to jurisdiction or denial of natural justice, neither of which was established.

Court Disposition

Appeals dismissed

Orders

  • ['The appeals are dismissed.' 'The decisions of Assessor Roberts dated 12 January 2005 and 18 January 2005 are affirmed.' 'The summons filed 10 February 2005 is dismissed.' "The plaintiffs are to pay the defendants' costs as agreed or assessed."]