Singh v Khan [2019] NSWSC 211
The Court was not persuaded that the Registrar was wrong, having regard to the requirements of the Uniform Civil Procedure Rules 2005 (NSW), or that any basis existed to exercise the discretion to set aside the Registrar's order of 12 February 2019; the motion was therefore refused, with costs following the event.
- Jurisdiction
- Australia
- Judgment Date
- 05 March 2019
- Procedural Posture
- Notice of Motion Seeking to Set Aside a Registrar's Order / Ex Tempore Ruling on Motion
- Outcome
- Orders sought in the motion are refused.
- Legal Topics
- ['notice of Motion' "registrar's Order" 'ncat Appeal Panel Leave to Appeal' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion Seeking to Set Aside a Registrar's Order / Ex Tempore Ruling on Motion
Legal Issues
- 1 ["Whether the order made by the Registrar on 12 February 2019 rejecting Mr Singh's notices of motion should be set aside." "Whether Mr Singh's proposed appeal against a third decision of an NCAT Appeal Panel should proceed by notice of motion in existing proceedings rather than by further summons initiating separate proceedings."]
Ratio Decidendi
The Court was not persuaded that the Registrar was wrong, having regard to the requirements of the Uniform Civil Procedure Rules 2005 (NSW), or that any basis existed to exercise the discretion to set aside the Registrar's order of 12 February 2019; the motion was therefore refused, with costs following the event.
Court Disposition
Orders sought in the motion are refused.
Orders
- ['Orders sought in the motion are refused.' 'Mr Singh to bear the costs of the motion as agreed or assessed.']
Full Case Text
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