Singh v Charles [2022] NSWSC 743

Singh v Charles [2022] NSWSC 743

The plaintiff's claims against the first defendant all concerned conduct during an NCAT hearing over which the first defendant presided as a Senior Member. NCAT had jurisdiction to determine the residential tenancy dispute, and the complaints concerned the manner in which the first defendant exercised that power. By Sch 2, cl 4 of the Civil and Administrative Tribunal Act 2013, the first defendant had the same immunity from civil liability as a Supreme Court judge. Even assuming the plaintiff's factual allegations were proved, the immunity meant there was no arguable claim and the Statement of Claim disclosed no reasonable cause of action against the first defendant.

Jurisdiction
Australia
Judgment Date
10 June 2022
Procedural Posture
Common Law Proceedings; Notice of Motion for Summary Dismissal / Interlocutory Application by the First Defendant Under Rule 13.4 of the Uniform Civil Procedure Rules 2005
Outcome
The plaintiff's Statement of Claim was dismissed as against the first defendant, with costs payable to the first defendant; the balance of the proceedings was listed before the Common Law Registrar.
Legal Topics
['summary Dismissal' 'dismissal of Proceedings' 'no Reasonable Cause of Action' 'ncat Member Immunity From Civil Liability' 'chapter III of the Constitution' 'notice of a Constitutional Matter Under S 78 B of the Judiciary Act 1903 (cth)']
['civil Procedure' 'judicial Immunity' 'administrative Law' 'residential Tenancies' 'constitutional Law'] ['summary Dismissal' 'dismissal of Proceedings' 'no Reasonable Cause of Action' 'ncat Member Immunity From Civil Liability' 'chapter III of the Constitution' 'notice of a Constitutional Matter Under S 78 B of the Judiciary Act 1903 (cth)']

Case Brief

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Procedural Posture

Common Law Proceedings; Notice of Motion for Summary Dismissal / Interlocutory Application by the First Defendant Under Rule 13.4 of the Uniform Civil Procedure Rules 2005

Legal Issues

  1. 1 ["Whether the plaintiff's Statement of Claim against the first defendant should be dismissed under rule 13.4 of the Uniform Civil Procedure Rules 2005." 'Whether a Senior Member of NCAT was immune from civil liability for acts done in the exercise of functions as a Member during an NCAT hearing.' "Whether the plaintiff's Notice of a Constitutional Matter required the Court to defer determination of the first defendant's Notice of Motion."]

Ratio Decidendi

The plaintiff's claims against the first defendant all concerned conduct during an NCAT hearing over which the first defendant presided as a Senior Member. NCAT had jurisdiction to determine the residential tenancy dispute, and the complaints concerned the manner in which the first defendant exercised that power. By Sch 2, cl 4 of the Civil and Administrative Tribunal Act 2013, the first defendant had the same immunity from civil liability as a Supreme Court judge. Even assuming the plaintiff's factual allegations were proved, the immunity meant there was no arguable claim and the Statement of Claim disclosed no reasonable cause of action against the first defendant.

Court Disposition

The plaintiff's Statement of Claim was dismissed as against the first defendant, with costs payable to the first defendant; the balance of the proceedings was listed before the Common Law Registrar.

Orders

  • ["Order, pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005, that the plaintiff's Statement of Claim filed on 18 November 2021 be dismissed as against the first defendant." "Order that the plaintiff pay the first defendant's costs of the proceedings, including the Notice of Motion filed on 31 January...