Recent Cases

Soulis v R & a Henry Auto Repairs Pty Ltd [2023] NSWCA 50 (24 March 2023) (White JA and Simpson AJA)


Catchwords:


APPEALS – Leave to appeal – Leave to appeal against summary dismissal of applicant’s appeal from decision of Appeal Panel of New South Wales Civil and Administrative Tribunal – Where amount in dispute between parties negligible – Where summary dismissal followed applicant’s non-appearance at two hearings set for respondents’ motion to summarily dismiss proceedings – Where applicant’s non-appearance explained on basis of serious medical condition requiring hospitalisation and later surgical intervention – Where applicant claims primary judge was biased in summarily dismissing his proceedings – Where applicant’s claims before Tribunal and primary judge not shown to be reasonably arguable – Leave to appeal refused – No issue of principle