CAMILLERI v PUDIG [1999] NSWCA 257

New South Wales Court of Appeal CITATION : CAMILLERI v PUDIG [1999] NSWCA 257 FILE NUMBER(S) : CA 40200/99 HEARING DATE(S) : 16 July 1999 JUDGMENT DATE : 16 July 1999

PARTIES : Anthony Joseph Camilleri - Claimant Grant Francis Pudig - Opponent JUDGMENT OF : Sheller JA at 1; Giles JA at 9; Cole AJA at 10

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : 12645/98 LOWER COURT JUDICIAL OFFICER : Windeyer J

COUNSEL : M A Ashhurst - Claimant N E Abadee - Opponent SOLICITORS : Vasso P Tsolakis - Claimant W G McNally & Co - Opponent CATCHWORDS : STATED CASE - from Magistrate - appeal to Supreme Court - second hand car - misrepresentation - reliance by document - knowledge of opponent - whether error of applicable principle or misapplication of principle - no such error ACTS CITED : N/A CASES CITED: N/A DECISION : Application for leave to appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40200/99 CL 12645/98

SHELLER JA GILES JA COLE AJA

Friday, 16 July 1999

CAMILLERI v PUDIG

JUDGMENT

1 SHELLER JA: This is an application brought by the defendant in proceedings in the Local Court for leave to appeal from a decision given by Windeyer J on 25 February 1999. His Honour on that occasion dismissed the claimant's stated case, brought by way of summons, in respect of the proceedings in the Local Court to which I have referred. 2 In those proceedings, the learned Magistrate on 23 April 1998 gave a verdict and judgment in the sum of $28,000 plus interest in favour of the opponent to this application.