Ballantyne v Riemer & Anor [2002] NSWSC 1156

Ballantyne v Riemer & Anor [2002] NSWSC 1156

The appeal against the master's summary dismissal was allowed and time extended; the order for costs made by the Local Court was set aside due to denial of procedural fairness as the appellant was not given a reasonable opportunity to be heard; the substantive complaint about offensive noise was not upheld, and the appeal against dismissal of the substantive complaint failed.

Parties
Appellant: Trevor John Ballantyne; First Respondent: Nicholas Riemer; Second Respondent: Tania McGarritty
Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Appeal / Judgment After Hearing of Appeals From Summary Dismissal and Local Court Decision
Outcome
Appeal allowed in part; orders for summary dismissal and costs set aside; proceedings remitted to Local Court for redetermination of costs; other aspects of appeal dismissed; no order as to costs for this hearing.
Legal Topics
Offensive Noise, Appeals, Procedural Fairness, Costs
Civil Procedure Environmental Law Offensive Noise Appeals Procedural Fairness Costs

Case Brief

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Parties

Trevor John Ballantyne

Appellant

Nicholas Riemer

First Respondent

Tania McGarritty

Second Respondent

Procedural Posture

Appeal / Judgment After Hearing of Appeals From Summary Dismissal and Local Court Decision

Legal Issues

  1. 1 Whether the Supreme Court appeal was competent regarding an environmental matter
  2. 2 Whether summary dismissal of the amended summons was proper
  3. 3 Whether the Local Court proceedings involved apprehended bias

Ratio Decidendi

The appeal against the master's summary dismissal was allowed and time extended; the order for costs made by the Local Court was set aside due to denial of procedural fairness as the appellant was not given a reasonable opportunity to be heard; the substantive complaint about offensive noise was not upheld, and the appeal against dismissal of the substantive complaint failed.

Court Disposition

Appeal allowed in part; orders for summary dismissal and costs set aside; proceedings remitted to Local Court for redetermination of costs; other aspects of appeal dismissed; no order as to costs for this hearing.

Orders

  • Time for appeal from order dismissing the amended summons extended to 31 May 2002 nunc pro tunc.
  • Appeal against order dismissing the amended summons allowed.