Ceil Comfort Insulation Pty Ltd & ors. v ARM Equipment Finance Pty Ltd & anor. [2001] NSWSC 619

New South Wales Supreme Court

CITATION : Ceil Comfort Insulation Pty Ltd & ors. v ARM Equipment Finance Pty Ltd & anor. [2001] NSWSC 619 FILE NUMBER(S) : SC 11842/00 HEARING DATE(S) : 17 July 2001 JUDGMENT DATE : 17 July 2001

Ceil Comfort Insulation Pty Ltd Anthony John Iezzi PARTIES : Gabriel Iezzi ARM Equipment Finance Pty Ltd Corporate Acceptance Pty Ltd JUDGMENT OF : Sully J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT 1348/97 FILE NUMBER(S) : LOWER COURT Dives LCM JUDICIAL OFFICER :

COUNSEL : R. E. Dubler - Plaintiffs M. A. Bradford - Defendants SOLICITORS : Margaretic Solicitors & Barristers - Plaintiffs RAJ Lawyers - Defendants LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 (NSW) Justices Act 1902 (NSW) CASES CITED : House v The King (1936) 55 CLR 499 at 504-505 Queensland v J L Holdings Pty Limited (1997) 189 CLR 146 DECISION : (i) Appeal allowed with costs; (ii) Judgment of Local Court set aside; (iii) Proceedings remitted to Local Court; (iv) Moneys paid into this Court in connection with orders made by O'Keefe J are to remain in Court pending further order; (v) Grant to the defendants before this Court, and pursuant to s 6 of the Suitors Fund Act 1951 (NSW), an indemnity certificate in respect of costs of the appeal

SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

17 July 2001

11842/00 - CEIL COMFORT INSULATION PTY LIMITED & ORS v ARM EQUIPMENT FINANCE PTY LIMITED & ANOR

JUDGMENT

1 HIS HONOUR: By a summons filed on 9 July 2000 Ceil Comfort Insulation Pty Limited and John Iezzi and Gabriel Iezzi, as plaintiffs, seek relief as follows: "1. An order that the Judgment of His Worship Mr. Dives LCM, made on the 21st June 2000, in proceedings commenced in the Downing Centre Local Court and numbered 1348/97 be set aside. 2. An order that the matter be remitted to the Downing Centre Local Court for re-hearing. 3. Such further or other order as the Court may deem fit. 4. Cost, including the costs of the Local Court proceedings." 2 The defendants to the summons are Arm Equipment Finance Pty Limited and Corporate Acceptance Pty Limited.