Feng v Haghparast [2023] NSWDC 310

Feng v Haghparast [2023] NSWDC 310

The appeal was dismissed because the Assessor's decision was within jurisdiction, and there was no denial of procedural fairness. The findings of fact and application of law by the Local Court were open and appropriate, and the limited statutory grounds for appeal under s 39(2) of the Local Court Act 2007 (NSW) were not made out.

Parties
Plaintiff/appellant: Ruibao Feng; Defendant/respondent: Ferydon Haghparast
Jurisdiction
Australia
Judgment Date
14 August 2023
Procedural Posture
Appeal (civil) / Post Hearing, Decision on Appeal
Outcome
Appeal dismissed; costs to respondent/defendant.
Legal Topics
Appeals, Procedural Fairness, Jurisdiction, Home Building Contracts
Civil Procedure Appeals Procedural Fairness Jurisdiction Home Building Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ruibao Feng

Plaintiff/appellant

Ferydon Haghparast

Defendant/respondent

Procedural Posture

Appeal (civil) / Post Hearing, Decision on Appeal

Legal Issues

  1. 1 Whether the decision of the Local Court Assessor exceeded jurisdiction under s 39(2) of the Local Court Act 2007 (NSW)
  2. 2 Whether there was a denial of procedural fairness in the Local Court Small Claims proceedings

Ratio Decidendi

The appeal was dismissed because the Assessor's decision was within jurisdiction, and there was no denial of procedural fairness. The findings of fact and application of law by the Local Court were open and appropriate, and the limited statutory grounds for appeal under s 39(2) of the Local Court Act 2007 (NSW) were not made out.

Court Disposition

Appeal dismissed; costs to respondent/defendant.

Orders

  • The summons filed on 18 May 2023 appealing the decision of the Small Claims Division of the Local Court on 24 April 2023 is dismissed.
  • The plaintiff/appellant is to pay the respondent/defendant's costs of the dismissed summons.