NSW Caselaw
New South Wales Court of Appeal CITATION : BERTRAM TRADING CO PTY LTD v LANDSBURYS (AUST) PTY LTD & ANOR [1999] NSWCA 260 FILE NUMBER(S) : CA 40141/98 HEARING DATE(S) : 21 June 1999, 28 June 1999 JUDGMENT DATE : 3 August 1999
PARTIES : Bertram Trading Co Pty Ltd - Appellant Landsburys (Aust) Pty Ltd and Robert J Rowlands - Respondents JUDGMENT OF : Mason P at 1; Sheller JA at 2
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 2072/95 LOWER COURT JUDICIAL OFFICER : Herron DCJ
COUNSEL : M L D Einfield QC/JM Hennessy - Appellant C E Adamson - Respondents SOLICITORS : Henry Davis York - Appellant Phillips Fox - Respsondents CATCHWORDS : AMENDMENTS TO DISTRICT COURT ACT - retrospective legislation - whether leave to appeal required or appeal as of right District Court Act 1973 Courts Legislation Further Amendment Act 1995 Courts Legislation Amendment Act 1997 ACTS CITED : Courts Legislation Further Amendment Act 1997 Interpretation Act 1987 District Court (Amendment) Act 1990 District Court (Amendment) Act 1975 District Court (Amendment) Act 1982 Colonial Sugar Refining Company Limited v Irving [1905] AC 369 Zainal bin Hashim v Government of Malaysia [1980] AC 734 CASES CITED: Wijesuriya v Amit [1966] AC 372 Boral Windows v Industries Research and Development Board (1998) 83 FCR 215 Bropho v State of Western Australia (1990) 171 CLR 1 DECISION : Appeal struck out; Appellant to pay Respondents' costs of the application; Application for leave to appeal dismissed with costs.
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