Ezi Lift Cranes Pty Limited v Thompson [2020] NSWDC 334

Ezi Lift Cranes Pty Limited v Thompson [2020] NSWDC 334

There was a denial of procedural fairness to the plaintiff when the Assessor refused to allow cross-examination of the single expert, contrary to the Practice Note authorising such cross-examination and s 35(4) of the Local Court Act 2007 (NSW), thus the appeal should be allowed and matter remitted for redetermination.

Parties
Plaintiff: Ezi Lift Cranes Pty Ltd; Defendant: Matthew Thompson
Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Procedural Fairness, Cross Examination of Expert Witnesses, Small Claims Division Procedure, Natural Justice
Administrative Law Civil Procedure Procedural Fairness Cross Examination of Expert Witnesses Small Claims Division Procedure Natural Justice

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Parties

Ezi Lift Cranes Pty Ltd

Plaintiff

Matthew Thompson

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a denial of procedural fairness in refusing to allow cross-examination of a court-appointed single expert witness in Small Claims Division proceedings

Ratio Decidendi

There was a denial of procedural fairness to the plaintiff when the Assessor refused to allow cross-examination of the single expert, contrary to the Practice Note authorising such cross-examination and s 35(4) of the Local Court Act 2007 (NSW), thus the appeal should be allowed and matter remitted for redetermination.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Orders of the Assessor in the Local Court on 28 October 2019 are set aside.