Stone v Cleanaway Pty Ltd t/as Cleanaway; PTH Pty Ltd v Cleanaway Pty Ltd & Mahoney; Central West Auto Auctions Pty Ltd v Cleanaway Pty Ltd & Mahoney [2023] NSWSC 156

Supreme Court New South Wales

Medium Neutral Citation: Stone v Cleanaway Pty Ltd t/as Cleanaway; PTH Pty Ltd v Cleanaway Pty Ltd & Mahoney; Central West Auto Auctions Pty Ltd v Cleanaway Pty Ltd & Mahoney [2023] NSWSC 156 Hearing dates: 2 February 2023 Date of orders: 3 March 2023 Decision date: 03 March 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: In each of the three matters, I make the following orders: (1) The time for filing the summons commencing the appeal is extended. (2) The time for filing the summons seeking leave to appeal is extended. (3) The appeal is dismissed. (4) The plaintiff is to pay the defendant(s)' costs. (5) I grant liberty to apply on 3 days' notice should either party seek to be heard on any different costs order. Catchwords: APPEALS — Errors of Law — Failure to consider evidence — Failure to give reasons — Adequacy of reasons – motor vehicle incident – where Magistrate referred to CCTV footage to corroborate accounts of driver and witness – where evidence of one driver preferred over the other APPEALS — Disregard of relevant considerations – where "agony of the moment" submission not accepted by Magistrate Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D Local Court Act 2007 (NSW), s 39 Road Rules 2014 (NSW), r 84 Cases Cited: Blacktown City Council v Hocking [2008] NSWCA 144 Goode v Angland [2017] NSWCA 311 Herne Investments (NSW) Pty Ltd v Don Watson Pty Ltd [2016] NSWCA 72 Leishman v Thomas (1957) 75 WN NSW 173 Stuart v Walsh [2012] NSWCA 186 Warth v Lasky [2014] NSWCA 94 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Category: Principal judgment Parties: David Anthony Stone (First Plaintiff) PTH Pty Ltd (Second Plaintiff) Central West Auto Auctions Pty Ltd (Third Plaintiff) Cleanaway Pty Ltd (First Defendant) Alfred Mahoney (Second Defendant) Representation: Counsel: J Gruzman (Plaintiffs) G Carolan (Defendants)