Soulis v R & A Henry Auto Repairs & Ors (No 3) [2022] NSWSC 1109

Soulis v R & A Henry Auto Repairs & Ors (No 3) [2022] NSWSC 1109

No questions of law were identified by the plaintiff in any ground of appeal; the proceedings disclosed no reasonable cause of action and were summarily dismissed pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Proceedings dismissed.
Legal Topics
['summary Dismissal' 'leave to Appeal' 'question of Law']
['practice and Procedure'] ['summary Dismissal' 'leave to Appeal' 'question of Law']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's grounds of appeal articulate questions of law sufficient to ground leave to appeal to the Supreme Court" 'Whether the proceeding discloses any reasonable cause of action' 'Whether procedural fairness was denied to the plaintiff during Tribunal and Appeal Panel hearings']

Ratio Decidendi

No questions of law were identified by the plaintiff in any ground of appeal; the proceedings disclosed no reasonable cause of action and were summarily dismissed pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Proceedings dismissed.

Orders

  • ['The proceedings are dismissed.' 'The notice of motion filed by the plaintiff on 27 April 2022 is dismissed.' 'The question of costs is reserved.' 'Absent agreement, each party is to file, within 7 days, written submissions in relation to the issue of costs, such submissions not to exceed two pages in length.' 'The...