Gemtaf P/L & Ors v Tradebanc International P/L [No 1] [1999] NSWSC 480

New South Wales Supreme Court CITATION : Gemtaf P/L & Ors v Tradebanc International P/L [No 1] [1999] NSWSC 480 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 11419/98 HEARING DATE(S) : 19/05/99 JUDGMENT DATE : 19 May 1999

Gemtaf Pty Limited t/as "El Paso Motor Inn" (1 Appel) PARTIES : Margaret Denise Pursell (2 Appel) Terence Edward Fitzgibbon (3 Appel) Tradebanc International Pty Ltd (Resp) JUDGMENT OF : Kirby J

LOWER COURT JURISDICTION : Local Court LOWER COURT FILE NUMBER(S) : 13632/97 LOWER COURT JUDICIAL OFFICER : Ms J Wahlquist

COUNSEL : D Knaggs, sol (Appels) A J Bellanto QC/A Goldsworthy (Resp) SOLICITORS : Douglas Knaggs (Appels) Tony Simons (Resp) CATCHWORDS : Appeal against Magistrate's decision; Sufficiency of Stated Case ACTS CITED : Justices Act 1902, s101 Supreme Court Rules, Pt32 r7 DECISION : See para 7

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

KIRBY J

Wednesday 19 May 1999

11419/98 - GEMTAF PTY LTD & ORS v TRADEBANC INTERNATIONAL PTY LIMITED [No 1]

JUDGMENT (re Sufficiency of Stated Case)

1 HIS HONOUR: In this matter, an issue has arisen concerning the sufficiency of the stated case which is before the Court. Certain matters in the course of argument were stated from the bar table by Mr Bellanto QC, appearing for the respondents to the stated case, Tradebanc International Pty. Limited. Those matters appear to me potentially material to one of the issues raised by Mr Knaggs on behalf of the appellants.

2 In these circumstances, an application was made on behalf of Tradebanc International Pty. Ltd to call evidence to deal with that matter. Part 32, rule 7 deals with the circumstance where a stated case is said to be insufficient. It provides that, where it appears to the Court that a stated case does not state the facts and document sufficiently to enable the Court to decide the questions arising, or otherwise hear and determine the proceedings on the stated case, the Court may receive evidence, make findings of fact, and add to the stated case in accordance with the findings of fact of the Court.