Azeem v Mahmood and Zafar (trading as Metro Sports Australia) [2024] NSWSC 556

Supreme Court New South Wales

Medium Neutral Citation: Azeem v Mahmood and Zafar (trading as Metro Sports Australia) [2024] NSWSC 556 Hearing dates: 3 May 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that the appeal be dismissed with no order as to costs. Catchwords: APPEALS – appeal from Local Court decision – whether error of law was made – wrong finding of fact does not amount to an error of law – wrong reasoning by which fact is arrived at does not amount to an error of law – error of law not made out – appeal dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Crimes Act 1900 (NSW), ss 253, 327 Fair Work Act 2009 (Cth), ss 21, 121, 123 Local Court Act 2007 (NSW), ss 39(1), 40(1) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 50.15 Cases Cited: Azeem v Mahmood and Zafar (Local Court (NSW), 28 July 2023, unrep) Azeem v Mahmood & Zafar (t/as Metro Sports Australia) (Supreme Court (NSW), Dhanji J, 9 February 2024, unrep) HG v R (1999) 197 CLR 414; [1999] HCA 2 Jankovic v Director of Public Prosecutions (2020) 281 A Crim R 378; [2020] NSWCA 31 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 R v District; Ex parte White (1966) 116 CLR 644 Rivera v Health Care Complaints Commission [2006] NSWCA 216 Rose v Tunstall [2018] NSWCA 241 Walsh v. Visionstream Pty. Limited [2004] NSWCA 104 Waterford v Commonwealth (1987) 163 CLR 54; [1987] HCA 25 Category: Principal judgment Parties: Muhammad Azeem (Plaintiff) Mahmood Zafar and Nuzhat Zafar (trading as Metro Sports Australia) (Defendant) File Number(s): 2023/327815 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: General Division Date of Decision: 28 July 2023 Before: Brender LCM File Number(s): 2020/322497