NSW Caselaw
New South Wales Supreme Court
CITATION : Clogher & Anor v Mattock & Anor [2000] NSWSC 514 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12803/99 HEARING DATE(S) : 1 June 2000 JUDGMENT DATE : 9 June 2000
PARTIES : Tom Clogher and Sandra Clogher (Applicants) Brian Thomas Mattock and Judith Mattock (Respondents) JUDGMENT OF : Studdert J
LOWER COURT Local Court JURISDICTION : LOWER COURT 9904/97 FILE NUMBER(S) : LOWER COURT Mr R. Dive JUDICIAL OFFICER :
COUNSEL : A. Radojev (Applicants) J. Simpkins (Respondents) SOLICITORS : Jack Rigg Solicitors (Applicants) Michael McKelvey & Associates (Respondents) Civil Claims Act Arbitration (Civil Claims) Act LEGISLATION CITED : Arbitration (Civil Actions) Act Local Courts Act Justices Act CASES CITED : El Ali v Government Insurance Office (1988) 15 NSWLR 303 The State of Queensland v J.L. Holdings Pty Limited (1996-97) 181 CLR 146 DECISION : See para 35
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
STUDDERT J
Friday 9 June 2000 12803/99 TOM CLOGHER & ANOR v BRIAN THOMAS MATTOCK & ANOR
JUDGMENT
1 HIS HONOUR: Tom and Sandra Clogher apply on summons in proceedings against Brian Thomas Mattock and Judith Mattock seeking an order that a decision of a magistrate made in the Local Court on 22 October 1999 be set aside and that the proceedings be removed to the Local Court for hearing. The applicants for relief here were the defendants in proceedings in the lower court, so for the sake of convenience I shall refer to those persons as "the applicants" in the course of this judgment and I shall refer to the survivor of those persons who were the plaintiffs in the court below as "the respondent". 2 It is necessary to record shortly the circumstances which give rise to the present summons. 3 The plaintiffs began proceedings in the Local Court by statement of liquidated claim on 9 September 1997. In short they claimed that they lent the applicants a total amount of $25,000 in September 1995. I record features of the progress of the litigation:
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