IBM Global Financing Australia v Cousins [2004] NSWLC 5

Local Court of New South Wales

CITATION: IBM Global Financing Australia v Cousins [2004] NSWLC 5 JURISDICTION: Civil PARTIES: IBM Global Financing Australia Ltd Bradley Cousins FILE NUMBER: 6890/03 PLACE OF HEARING: Downing Centre DATE OF DECISION: MAGISTRATE: Magistrate H Dillon CATCHWORDS: Procedure - Local Court - Small Claims Division - Circumstances in which oral evidence may be given - Whether motion irregularly filed - Dispensation with compliance with Rules LEGISLATION CITED: Local Court (Civil Claims) Act 1970 ss 12, 23A, 23B Local Court (Civil Claims) Rules Pts 1 r5, 15 r (2), 21 r9 CASES CITED: Woodside Petroleum Development Ptyu Ltd v H & R v E & W Pty Ltd SC WA Unrep 28/4/97 Anderson JBC 9701947 Self for applicant REPRESENTATION: Mr R Kemp Norman Waterhouse Solicitors for respondent ORDERS: 1. The order requiring the attendance of the defendant to give evidence in person be set aside.; 2. He is to give oral evidence by way of video link if available, otherwise by way of conference telephone link at a time set by the Court in due course.; 3. Costs of disposal of the motion are to be costs in the cause.; 4. The matter is to be returned to the call over list to be listed for hearing.

Judgment 1. This is a motion brought by the defendant who is resident in Western Australia. He applies for an order setting aside a previous order made by an Assessor requiring his attendance for cross-examination in the hearing of the plaintiff's claim for liquidated damages in the Small Claims Division of this court. This motion is, in effect, a request for review of that decision. At the request of the applicant, the motion has been dealt with in chambers. Written submissions were sought from and filed by the respondent.