Doyle v Turner [2004] NSWSC 756

Doyle v Turner [2004] NSWSC 756

The transcript showed that the assessor received the parties' statements and documents and gave both parties a reasonable opportunity to present their cases. It did not support allegations of bias, predisposition, lack of good faith or failure to fairly listen. Because the plaintiff failed to discharge the onus of proving denial of natural justice, the appeal failed.

Jurisdiction
Australia
Judgment Date
31 August 2004
Procedural Posture
Appeal From Local Court Small Claims Division Decision / Supreme Court Summons Seeking Appeal Dismissed
Outcome
The summons is dismissed; the plaintiff is to pay the costs of the summons; the exhibit may be returned; any application for indemnity costs referred to a registrar for determination.
Legal Topics
['denial of Natural Justice' 'small Claims Division Procedure' 'appeal Restricted to Error of Law, Lack of Jurisdiction or Denial of Natural Justice' 'costs']
['civil Procedure' 'natural Justice' 'local Court Appeals'] ['denial of Natural Justice' 'small Claims Division Procedure' 'appeal Restricted to Error of Law, Lack of Jurisdiction or Denial of Natural Justice' 'costs']

Case Brief

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Procedural Posture

Appeal From Local Court Small Claims Division Decision / Supreme Court Summons Seeking Appeal Dismissed

Legal Issues

  1. 1 ['Whether the assessor in the Local Court Small Claims Division denied the plaintiff natural justice.' 'Whether the plaintiff established bias, predisposition, lack of good faith, failure to fairly listen to both sides, or failure to determine the case according to the evidence and applicable law.']

Ratio Decidendi

The transcript showed that the assessor received the parties' statements and documents and gave both parties a reasonable opportunity to present their cases. It did not support allegations of bias, predisposition, lack of good faith or failure to fairly listen. Because the plaintiff failed to discharge the onus of proving denial of natural justice, the appeal failed.

Court Disposition

The summons is dismissed; the plaintiff is to pay the costs of the summons; the exhibit may be returned; any application for indemnity costs referred to a registrar for determination.

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.' 'The exhibit may be returned.' 'Any application for indemnity costs is referred to a registrar for determination.']