Miles v Ivanovski [2008] NSWSC 367

Miles v Ivanovski [2008] NSWSC 367

There was no denial of natural justice because, under the procedure applicable in the Small Claims Division, the assessor was entitled to inform himself about hire car company practices and was not obliged in the circumstances to warn the plaintiff before drawing an inference from the plaintiff's failure to adduce supporting evidence. In any event, the plaintiff did not establish the materiality required to show that any alleged denial deprived him of the possibility of a successful outcome.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Appeal From Small Claims Division of the Local Court / Judgment on Appeal
Outcome
Appeal fails; proceedings dismissed; plaintiff to pay the costs of the proceedings.
Legal Topics
['appeal From Small Claims Division' 'denial of Natural Justice' 'assessor Informing Himself' 'obligation to Warn' 'jones V Dunkel Inference' 'motor Vehicle Collision']
['common Law' 'civil Procedure'] ['appeal From Small Claims Division' 'denial of Natural Justice' 'assessor Informing Himself' 'obligation to Warn' 'jones V Dunkel Inference' 'motor Vehicle Collision']

Case Brief

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Procedural Posture

Appeal From Small Claims Division of the Local Court / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the plaintiff was denied natural justice because the assessor relied on the existence and availability of a hire car damage report without evidence of it.' 'Whether the assessor was required to warn the plaintiff that he intended to rely on the existence of such a report in making findings.' 'Whether any alleged denial of natural justice had materiality to the decision appealed from.']

Ratio Decidendi

There was no denial of natural justice because, under the procedure applicable in the Small Claims Division, the assessor was entitled to inform himself about hire car company practices and was not obliged in the circumstances to warn the plaintiff before drawing an inference from the plaintiff's failure to adduce supporting evidence. In any event, the plaintiff did not establish the materiality required to show that any alleged denial deprived him of the possibility of a successful outcome.

Court Disposition

Appeal fails; proceedings dismissed; plaintiff to pay the costs of the proceedings.

Orders

  • ['The appeal fails.' 'The proceedings are dismissed.' 'The plaintiff is to pay the costs of the proceedings.']