Saqa v Bainivalu [2005] NSWSC 1091

Procedural Posture

Review of Decision by Assistant Registrar Refusing Extension of Time for Appeal From the Small Claims Division of the Local Court / Plaintiff's Motion for Review, Extension of Time and Leave to File a Further Amended Summons

Legal Issues

1. 1 ["Whether the Assistant Registrar's refusal of an extension of time should be reviewed and set aside." 'Whether an extension of time to appeal from the Small Claims Division would be futile because the proposed appeal had no prospect of establishing lack of jurisdiction or denial of natural justice.' 'Whether the assessor denied the plaintiff natural justice by relying on the letter of demand, by proceeding without cross-examination of a witness, by making findings allegedly unsupported by material, or by making an allegedly arbitrary, irrational and unreasonable decision.']

Ratio Decidendi

The proposed appeal was confined by s 69(2A) of the Local Courts (Civil Claims) Act 1970 to lack of jurisdiction or denial of natural justice. The plaintiff did not press the jurisdictional grounds, and the complaints of denial of natural justice were not made out: the letter of demand was tendered at the outset and the plaintiff did comment on it; the absence of cross-examination did not show procedural unfairness; there was ample material supporting the assessor's findings; and the transcript showed a patient, conscientious and courteous informal hearing rather than an arbitrary, irrational or unreasonable decision. Because an appeal limited to lack of jurisdiction or denial of natural...

Court Disposition

Plaintiff's motion dismissed.

Orders

• ['The motion filed by the plaintiff on 12 August 2005 is dismissed.' "The plaintiff is ordered to pay the defendant's costs of the motion."]