NSW Caselaw
New South Wales Supreme Court
CITATION : Fletcher v Berriman [2001] NSWSC 457 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12990/2000 HEARING DATE(S) : 31 May 2001 JUDGMENT DATE : 6 June 2001
Geoffrey Craig Fletcher (Plaintiff) PARTIES : Desmond Arthur Berriman (Defendant) JUDGMENT OF : Master Harrison
LOWER COURT Local Court JURISDICTION : LOWER COURT 169 of 1996 FILE NUMBER(S) : LOWER COURT Magistrate Johnson JUDICIAL OFFICER :
Mr John Wilson (Plaintiff) COUNSEL : Mr P Newton (Defendant) Messrs M F Twemlow & Co (Plaintiff) SOLICITORS : Brock Partners (Defendant) CATCHWORDS : Appeal from Local Court - psychological distress for breach of contract - failure to supply horse and carriage for wedding LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 (NSW) Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 129 Baltic Shipping Company v Dillon (1992-93) 176 CLR 344 CASES CITED : Hamlyn v The Great Northern Railway Company (1856) 1 H & N 408 [156 ER 1261] Addis v The Gramophone Company Limited (1909) AC 488 Devries v Australian National Railways Commission (1993) 177 CLR 472 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 ALR 588 DECISION : (1) The decision of the Magistrate dated 13 October 2000 is affirmed; (2) The summons is dismissed; (3) The plaintiff is to pay the defendant's costs as agreed or assessed.
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