Soulis v R & A Henry Auto Repairs Pty Ltd [2023] NSWCA 50

Soulis v R & A Henry Auto Repairs Pty Ltd [2023] NSWCA 50

Leave to appeal was refused because none of the proposed grounds was seriously arguable, the adjournment and recusal complaints disclosed no error, the notice of motion complaint lacked merit, the amount in dispute was small, and the applicant did not identify any question of law or error in the NCAT Appeal Panel's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Application for Leave to Appeal / Summons Seeking Leave to Appeal From Summary Dismissal of Proceedings Appealing an NCAT Appeal Panel Decision
Outcome
Applicant's summons seeking leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'summary Dismissal' 'procedural Fairness' 'adjournment' 'recusal' 'apprehended Bias' 'ncat Appeals on Questions of Law' 'small Monetary Claims']
['appeals' 'civil Procedure' 'administrative Law' 'consumer and Motor Vehicle Repairs'] ['leave to Appeal' 'summary Dismissal' 'procedural Fairness' 'adjournment' 'recusal' 'apprehended Bias' 'ncat Appeals on Questions of Law' 'small Monetary Claims']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal / Summons Seeking Leave to Appeal From Summary Dismissal of Proceedings Appealing an NCAT Appeal Panel Decision

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from Bellew J's summary dismissal of the applicant's Supreme Court proceedings." "Whether the primary judge's refusal to adjourn hearings on 17 August 2022 and 2 September 2022 denied the applicant procedural fairness in light of his medical condition." 'Whether the primary judge erred by not applying UCPR r 13.6.' "Whether the respondents' notice of motion seeking summary dismissal was invalid or non-compliant with UCPR r 18.3." 'Whether the primary judge should have recused himself for actual or apprehended bias.' 'Whether the applicant was otherwise obstructed from fairly prosecuting his summons seeking leave to appeal.']

Ratio Decidendi

Leave to appeal was refused because none of the proposed grounds was seriously arguable, the adjournment and recusal complaints disclosed no error, the notice of motion complaint lacked merit, the amount in dispute was small, and the applicant did not identify any question of law or error in the NCAT Appeal Panel's reasons showing that any denial of procedural fairness was material or that he suffered substantial injustice.

Court Disposition

Applicant's summons seeking leave to appeal dismissed with costs.

Orders

  • ["Applicant's Summons seeking leave to appeal is dismissed with costs."]