NSW Caselaw
New South Wales District Court
CITATION: Tobias Partners Pty Ltd v Hayson [2009] NSWDC 184
HEARING DATE(S): 9 July 2009
JUDGMENT DATE: 23 July 2009
JURISDICTION: Civil
JUDGMENT OF: Goldring DCJ
1. Verdict and Judgment on the admissions for the Plaintiff in the sum of $100,000 plus interest from 10 March 2008 to date of judgment. DECISION: 2. Judgment for the Plaintiff for such amount as is found after assessment to be owing to the Plaintiff by the Defendant on the contract, whose terms the Defendant has admitted. 3. The matter be listed before the Judicial Registrar on 30 July 2009 to fix a date for the assessment of the amounts owing to the Plaintiff.
CATCHWORDS: ADMISSIONS - withdrawal - when leave to be granted - CHEQUES - conditional delivery
Uniform Civil Procedure Rules LEGISLATION CITED: Civil Procedure Act 2005 Cheques Act 1986 (Cth)
TCS Aces Pty Ltd v Mikohn Gaming Australia Pty Ltd [2007] NSWSC 1139 Drabsch v Switzerland General Insurance Co Ltd & Ors unrep, 16 October 1996 BC 9604909 SLE Worldwide v WGB [2005] NSWSC 816 Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 CASES CITED: Ridolfi v Rigato Farms Pty Ltd (2001) 2 Qd R 455 Apex Pallett Hire Pty Ltd v Brambles Ltd unrep SC of Victoria, Full Court 8 April 1988 H. Clark (Doncaster) Ltd v Wilkinson [1965] Ch 694 Hannon v Afro Pacific Capital Limited [2009] NSWSC 564 Spalla v St George Wholesale Finance Pty Ltd (1999) 95 FCR 359
PARTIES: Tobias Partners Pty Ltd (Plaintiff) Edward Hayson (Defendant)
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