Bari & Anor v Sattar [2007] NSWSC 1246

Bari & Anor v Sattar [2007] NSWSC 1246

The appeal failed because it was reasonably open to the Magistrate to find that the Local Court had jurisdiction, given the evidence that the defendant made the alleged advance in New South Wales by deposit into the bank account, and because the plaintiffs did not establish any denial of natural justice: no ultimate fact in issue was determined, no adjournment was sought, the plaintiffs were legally represented, counsel had lengthy exchanges with the Bench, and the plaintiffs were given a reasonable opportunity to present their case.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Small Claims Division Appeal on Grounds of Jurisdiction and Denial of Natural Justice / Supreme Court Proceedings Challenging the Local Court Dismissal of an Application to Set Aside Default Judgment
Outcome
The proceedings are dismissed. The plaintiffs are to pay the costs of the proceedings.
Legal Topics
['application to Set Aside Default Judgment' 'small Claims Division Appeal' 'material Part of Cause of Action Arising in New South Wales' 'reasonable Opportunity to Be Heard']
['civil Procedure' 'local Court Jurisdiction' 'natural Justice'] ['application to Set Aside Default Judgment' 'small Claims Division Appeal' 'material Part of Cause of Action Arising in New South Wales' 'reasonable Opportunity to Be Heard']

Case Brief

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Procedural Posture

Small Claims Division Appeal on Grounds of Jurisdiction and Denial of Natural Justice / Supreme Court Proceedings Challenging the Local Court Dismissal of an Application to Set Aside Default Judgment

Legal Issues

  1. 1 ['Whether the Local Court lacked jurisdiction because a material part of the cause of action did not arise within New South Wales as required by s69 of the Local Courts Act 1982 (NSW).' "Whether the plaintiffs were denied natural justice in the Local Court hearing, including by the treatment of the defendant's affidavit affirmed on 4 April 2007 and the alleged lack of opportunity to respond." 'Whether the Magistrate determined an ultimate fact in issue when dismissing the application to set aside default judgment.']

Ratio Decidendi

The appeal failed because it was reasonably open to the Magistrate to find that the Local Court had jurisdiction, given the evidence that the defendant made the alleged advance in New South Wales by deposit into the bank account, and because the plaintiffs did not establish any denial of natural justice: no ultimate fact in issue was determined, no adjournment was sought, the plaintiffs were legally represented, counsel had lengthy exchanges with the Bench, and the plaintiffs were given a reasonable opportunity to present their case.

Court Disposition

The proceedings are dismissed. The plaintiffs are to pay the costs of the proceedings.

Orders

  • ['The proceedings are dismissed.' 'The plaintiffs are to pay the costs of the proceedings.']