Kishore v Transit Systems West Pty Ltd [2022] NSWDC 93

Kishore v Transit Systems West Pty Ltd [2022] NSWDC 93

The appeal was confined to lack of jurisdiction or denial of procedural fairness. The Assessor had jurisdiction to determine the Local Court proceedings, and the record showed the plaintiff, who was legally represented, had opportunities to give instructions, tender evidence, comment on evidence and make submissions. The Assessor was not required to insist on futile settlement negotiations where the parties were too far apart, and her preference for one body of conflicting evidence over another in informal Small Claims Division proceedings did not constitute denial of procedural fairness. The summons was therefore dismissed.

Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Appeal From Local Court, Small Claims Division / Summons Seeking Appeal From Decision of Small Claims Division Dismissed
Outcome
The plaintiff's summons filed on 9 February 2022 was dismissed with costs.
Legal Topics
['appeal From Small Claims Division' 'jurisdiction' 'procedural Fairness' 'settlement Endeavours' 'adequacy of Reasons' 'road Accident Property Damage']
['civil Procedure' 'appeals' 'negligence'] ['appeal From Small Claims Division' 'jurisdiction' 'procedural Fairness' 'settlement Endeavours' 'adequacy of Reasons' 'road Accident Property Damage']

Case Brief

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Procedural Posture

Appeal From Local Court, Small Claims Division / Summons Seeking Appeal From Decision of Small Claims Division Dismissed

Legal Issues

  1. 1 ['Whether the Small Claims Division of the Local Court lacked jurisdiction in determining the underlying dispute.' 'Whether the plaintiff was denied procedural fairness in the Small Claims Division hearing.' "Whether the Assessor's alleged failure to use best endeavours to bring the parties to settlement under s 36(1) of the Local Court Act 2007 (NSW) amounted to a failure to exercise jurisdiction or denial of procedural fairness." "Whether the Assessor's treatment of conflicting evidence and reasons disclosed denial of procedural fairness."]

Ratio Decidendi

The appeal was confined to lack of jurisdiction or denial of procedural fairness. The Assessor had jurisdiction to determine the Local Court proceedings, and the record showed the plaintiff, who was legally represented, had opportunities to give instructions, tender evidence, comment on evidence and make submissions. The Assessor was not required to insist on futile settlement negotiations where the parties were too far apart, and her preference for one body of conflicting evidence over another in informal Small Claims Division proceedings did not constitute denial of procedural fairness. The summons was therefore dismissed.

Court Disposition

The plaintiff's summons filed on 9 February 2022 was dismissed with costs.

Orders

  • ["The plaintiff's summons filed on 9 February 2022 is dismissed;" "The plaintiff is to pay the defendant's costs of the dismissed summons;" 'With the consent of the parties the basis and the extent of the costs referred to in Order 2 are to be determined on the papers following consideration of written submissions...