Recent Cases

Kitoko v Sydney Local Health District [2024] NSWCA 49 (12 March 2024) (Ward P and Gleeson JA)


Catchwords:


APPEALS – Leave to appeal – Arguable case

CIVIL PROCEDURE – Jurisdiction – Where applicant alleged that primary judge had exercised Federal jurisdiction to the exclusion of State jurisdiction

CIVIL PROCEDURE – Summary disposal – Where applicant had sought summary judgment – Where respondents had not yet been required to file evidence in defence

CIVIL PROCEDURE – Default judgment – Where respondents had not yet been required to file a defence

CIVIL PROCEDURE – Pleadings – Amendment – Where amendments were based on contentions the primary judge considered were doomed to fail – Where applicant had not been able to identify the evidence on which he intended to rely – Whether House v The King error was demonstrated

CIVIL PROCEDURE – Summary disposal – Where primary judge had summarily dismissed the proceedings – Whether proceedings were doomed to fail

COURTS AND JUDGES – Bias – Actual and apprehended bias – Whether primary judge had pre-judged the applicant’s claim – Whether primary judge was intimidatory and bullying towards the applicant

APPEALS – Procedural fairness – Whether applicant was afforded a reasonable opportunity to adduce relevant evidence