Carolan v Dickerson [2000] NSWSC 1132

New South Wales Supreme Court

CITATION : Carolan v Dickerson [2000] NSWSC 1132 FILE NUMBER(S) : SC 10077/00 HEARING DATE(S) : 04/12/00 JUDGMENT DATE : 6 December 2000

PARTIES : Glen Carolan - Plaintiff Mathew Dickerson - Defendant JUDGMENT OF : Bell J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT 437/1996 FILE NUMBER(S) : LOWER COURT Magistrate Jacob JUDICIAL OFFICER :

COUNSEL : A Capelin - Plaintiff P Strain - Defendant SOLICITORS : Quirk, Davidson & Easdown - Plaintiff Nelson Keane & Hemingway - Defendant LEGISLATION CITED : Local Courts ( Civil Claims) Act1970 Justices Act 1902 CASES CITED : Carr v Neill (NSWSC 1263 1999) Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 DECISION : Appeal allowed; judgment given by Magistrate on 17/12/99 quashed. In lieu thereof judgment for the defendant (the plaintiff below) in the sum of $15,000 together with interest. Plaintiff to pay defendant's costs both of these proceedings and the proceedings below.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Wednesday, 6 December, 2000

10077/00 - Glen CAROLAN v Mathew A DICKERSON

JUDGMENT

1 HER HONOUR: This is an appeal brought pursuant to s 69(2) of the Local Courts (Civil Claims) Act 1970 ("the Act") from the judgment of Magistrate Jacob sitting in the Local Court at Dubbo. Section 69(2) of the Act provides that a party to proceedings who is dissatisfied with the judgment of the Court as being erroneous in point of law may appeal to this Court. The provisions of Part 5 of the Justices Act 1902 apply (to the extent to which they are applicable) to appeals brought pursuant to s 69(2) of the Act. 2 Part 5 of the Justices Act 1902, which came into effect on 1 March 1999, provides pursuant to s 104(1) that an appeal may be brought on any of the following grounds: (a) A ground that involves a question of law alone,