Ethnic Business Awards Pty Ltd v George Jaksic trading as GeoGraphics Group [2016] NSWSC 33

Ethnic Business Awards Pty Ltd v George Jaksic trading as GeoGraphics Group [2016] NSWSC 33

The Magistrate made case management orders on 2 September 2015, including allowing Mr Jaksic to file further affidavits, without giving Ethnic Business Awards an opportunity to be heard on whether that further opportunity should be afforded and on the steps it wished to take to prepare for trial. This denial of procedural fairness required the orders to be set aside and the matter remitted to the Local Court.

Jurisdiction
Australia
Judgment Date
16 February 2016
Procedural Posture
Appeal From Interlocutory Decisions of the Local Court / Leave to Appeal and Appeal Determined
Outcome
Leave to appeal granted; appeal granted; Local Court orders set aside; matter remitted to the Local Court; defendant ordered to pay plaintiffs' costs and granted a Suitors' Fund certificate.
Legal Topics
['local Court Interlocutory Decision' 'case Management Directions' 'denial of Procedural Fairness' 'apprehended Bias' 'want of Prosecution']
['civil Procedure' 'appeals' 'procedural Fairness'] ['local Court Interlocutory Decision' 'case Management Directions' 'denial of Procedural Fairness' 'apprehended Bias' 'want of Prosecution']

Case Brief

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Procedural Posture

Appeal From Interlocutory Decisions of the Local Court / Leave to Appeal and Appeal Determined

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Magistrate's interlocutory decisions." 'Whether Ethnic Business Awards was denied procedural fairness when the Magistrate refused to hear its disqualification application and submissions about case management orders.' 'Whether the Magistrate erred in refusing to disqualify himself for apprehended bias.' 'Whether the Magistrate failed to consider requirements of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The Magistrate made case management orders on 2 September 2015, including allowing Mr Jaksic to file further affidavits, without giving Ethnic Business Awards an opportunity to be heard on whether that further opportunity should be afforded and on the steps it wished to take to prepare for trial. This denial of procedural fairness required the orders to be set aside and the matter remitted to the Local Court.

Court Disposition

Leave to appeal granted; appeal granted; Local Court orders set aside; matter remitted to the Local Court; defendant ordered to pay plaintiffs' costs and granted a Suitors' Fund certificate.

Orders

  • ['Leave to appeal is granted.' 'The appeal is granted.' 'The orders of his Honour Magistrate Bradd dated 2 September 2015 are set aside.' 'The matter is remitted to the Local Court to be determined according to law.' "The defendant is to pay the plaintiffs' costs on an ordinary basis as agreed or assessed." "The...