SHELTON v. HANSEL [2000] NSWSC 357

New South Wales Supreme Court

CITATION : SHELTON v. HANSEL [2000] NSWSC 357 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC No. 12990 of 1999 HEARING DATE(S) : 2/5/2000 JUDGMENT DATE : 2 May 2000

PARTIES : SHELTON, David William v. HANSEL, Detlef JUDGMENT OF : Greg James J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT 312/99 FILE NUMBER(S) : LOWER COURT M. Shepherd JUDICIAL OFFICER :

COUNSEL : Plaintiff: E.N. Gramelis Defendant: P.M. Friedlander SOLICITORS : Plaintiff: T.P. Boyle & Associates Defendant: Hermann & Green Local Courts (Civil Claims) Act 1970 LEGISLATION CITED : Justices Act 1902 Sale of Goods Act 1923 Suitors Fund Act DECISION : Appeal allowed

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

No. 12990 of 1999

GREG JAMES, J.

TUESDAY 2 MAY 2000

DAVID WILLIAM SHELTON v. DETLEF HANSEL

JUDGMENT

1 HIS HONOUR: Appeal has been brought to this court pursuant to s.69 of the Local Courts (Civil Claims) Act 1970, from a judgment in proceedings in the Local Court at Fairfield in detinue in respect of a motor vehicle. 2 The plaintiff in this court, being dissatisfied with the judgment or order of the Local Court as being erroneous in point of law (s.69(2)) has activated the machinery for the appeal provided for by s.69(3), which applies the provisions of Part 5 of the Justices Act 1902. 3 Those provisions, relevantly, are comprised in s.104. Section 104(1), provides that an appeal may be brought to this court:- "(a) on a ground that involves a question of law alone;