Short ‘N’ Sharp Pty Ltd t/as Stone Coomera v Kabir [2024] NSWSC 1492

Short ‘N’ Sharp Pty Ltd t/as Stone Coomera v Kabir [2024] NSWSC 1492

Rule 1.12(1) of the UCPR permits extension of the time limit in r 12.11(2), so her Honour had power to grant leave to file the notice of motion out of time; the previous order refusing the motion is set aside and leave granted; jurisdictional determination is for the Local Court and not this appeal.

Parties
First Plaintiff/first Defendant: Short 'N' Sharp Pty Ltd t/as Stone Coomera; Second Plaintiff/second Defendant: Shane Michael Evans; Defendant: Mohammad Zia Kabir
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Appeal / Leave to Appeal and Interlocutory Motion
Outcome
Leave to appeal granted; prior order set aside; leave granted to file notice of motion; matter remitted for further determination; no order as to costs.
Legal Topics
Extension of Time, Court Jurisdiction, Appeals, Setting Aside Originating Process, Service of Process, Stay of Proceedings
Civil Procedure Jurisdiction Extension of Time Court Jurisdiction Appeals Setting Aside Originating Process Service of Process Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Short 'N' Sharp Pty Ltd t/as Stone Coomera

First Plaintiff/first Defendant

Shane Michael Evans

Second Plaintiff/second Defendant

Mohammad Zia Kabir

Defendant

Procedural Posture

Appeal / Leave to Appeal and Interlocutory Motion

Legal Issues

  1. 1 Whether the Local Court had discretion to extend time under r 12.11(2) of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether the order refusing the notice of motion challenging jurisdiction should be set aside
  3. 3 Whether the Local Court had jurisdiction to hear the plaintiff's claim

Ratio Decidendi

Rule 1.12(1) of the UCPR permits extension of the time limit in r 12.11(2), so her Honour had power to grant leave to file the notice of motion out of time; the previous order refusing the motion is set aside and leave granted; jurisdictional determination is for the Local Court and not this appeal.

Court Disposition

Leave to appeal granted; prior order set aside; leave granted to file notice of motion; matter remitted for further determination; no order as to costs.

Orders

  • Leave to appeal granted
  • The order of the Local Court dated 14 March 2024 is set aside