TAYLOR v LOGWON PTY LTD [1994] NSWCA 305

TAYLOR v LOGWON PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, HANDLEY and POWELL JJA 9 February 1994, 9 February 1994 [1994] NSWCA 305

RIGHT TO CROSS EXAMINE — denial of right to cross examine on documentation — procedural fairness.

STATED CASE PROCEDURE — failure to utilise procedure properly — limited nature of appeal from a Local Court under the Local Court (Civil Claims) Act 1970 — the appellant (plaintiff), a builder, succeeded in a Local Court action in which he sought payment for materials provided and work performed on the respondent's (defendant's) premises. In response to a case stated by the Magistrate, Ireland J upheld an appeal of the defendant, on the ground that what the Magistrate had done had the effect of closing off cross examination of the plaintiff on documentation upon which the defendant's representative wished to cross examine. — Held: (1) If counsel is denied the right to cross examine then there is a great deal to say for the conclusion that there has been a denial of procedural fairness of a significant kind. However, a reading of the transcript is sufficient to demonstrate that there was no denial of procedural fairness in what occurred. (2) (Obiter) It is not necessary to deal with the way in which the case stated procedure was used but this should not be taken as indicating approval of the way in which procedural matters were handled. (Powell J) Having regard to the limited nature of the appeal from a Local Court (Civil Claims) Act 1970 and the form of case which was stated by the Magistrate, it was not open to the respondent to advance before Ireland J the arguments which were advanced, or to take the course which he has taken. Even if that were not so, there was no substance in the claim of denial of procedural fairness.