Ejueyitsi v Thomas & Anor [2022] NSWDC 490

Ejueyitsi v Thomas & Anor [2022] NSWDC 490

Neither the Summons nor the additional grounds discloses a triable issue of denial of procedural fairness or lack of jurisdiction; it was found that the Magistrate gave verbal reasons and acted within jurisdiction. Accordingly, the appeal was incompetent and appropriate for summary dismissal; the respondent must pay the applicants' costs as specified.

Parties
Applicant/defendant: Ms J Thomas; Applicant/defendant: Mr B Glover; Respondent/plaintiff: Mr V Ejueyitsi
Jurisdiction
Australia
Judgment Date
20 October 2022
Procedural Posture
Civil Appeal / Application for Summary Dismissal of Appeal From Local Court to District Court
Outcome
Appeal summarily dismissed; costs order against respondent
Legal Topics
Appeal From Small Claims Division, Summary Dismissal, Denial of Procedural Fairness, Lack of Jurisdiction, Costs, Gross Sum Costs Order
Civil Procedure Appeal From Small Claims Division Summary Dismissal Denial of Procedural Fairness Lack of Jurisdiction Costs Gross Sum Costs Order

Case Brief

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Parties

Ms J Thomas

Applicant/defendant

Mr B Glover

Applicant/defendant

Mr V Ejueyitsi

Respondent/plaintiff

Procedural Posture

Civil Appeal / Application for Summary Dismissal of Appeal From Local Court to District Court

Legal Issues

  1. 1 Whether the appeal from the Small Claims Division raised a denial of procedural fairness or lack of jurisdiction
  2. 2 Whether the Magistrate failed to give reasons, amounting to procedural unfairness
  3. 3 Whether the Magistrate lacked jurisdiction or exceeded jurisdiction

Ratio Decidendi

Neither the Summons nor the additional grounds discloses a triable issue of denial of procedural fairness or lack of jurisdiction; it was found that the Magistrate gave verbal reasons and acted within jurisdiction. Accordingly, the appeal was incompetent and appropriate for summary dismissal; the respondent must pay the applicants' costs as specified.

Court Disposition

Appeal summarily dismissed; costs order against respondent

Orders

  • Pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW), the proceeding is summarily dismissed.
  • The plaintiff is to pay the defendants' costs: on the ordinary basis up to 15 September 2022; and on an indemnity basis thereafter.