Sattar v Boral Constructions Materials Group Limited [2018] NSWSC 196

Sattar v Boral Constructions Materials Group Limited [2018] NSWSC 196

The amended summons failed to disclose any arguable question of law or mixed law and fact as required for an appeal under ss 39 or 40 of the Local Court Act; the proceedings were therefore incompetent and properly dismissed under UCPR 13.4 and Rule 50.16A; there was also no justification for further opportunity to replead.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Appeal / Decision on Preliminary Motion to Dismiss Appeal
Outcome
Appeal dismissed; costs order against plaintiff.
Legal Topics
['incompetent Appeals' 'leave to Appeal' 'cost Orders' 'pleadings' 'local Court Appeals']
['civil Procedure'] ['incompetent Appeals' 'leave to Appeal' 'cost Orders' 'pleadings' 'local Court Appeals']

Case Brief

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Procedural Posture

Appeal / Decision on Preliminary Motion to Dismiss Appeal

Legal Issues

  1. 1 ['Whether the amended summons should be dismissed for incompetency under UCPR 13.4 and Rule 50.16A' 'Whether any arguable point of law or mixed fact and law exists for leave to appeal under Local Court Act ss 39, 40' 'Whether the appellant should be given further opportunity to replead grounds of appeal']

Ratio Decidendi

The amended summons failed to disclose any arguable question of law or mixed law and fact as required for an appeal under ss 39 or 40 of the Local Court Act; the proceedings were therefore incompetent and properly dismissed under UCPR 13.4 and Rule 50.16A; there was also no justification for further opportunity to replead.

Court Disposition

Appeal dismissed; costs order against plaintiff.

Orders

  • ['The amended summons filed 9 October 2017 seeking to appeal the decision of his Honour Curran LCM dated 11 August 2018 is dismissed.' "The plaintiff is to pay the defendants' costs of the proceedings on an ordinary basis."]