NSW Caselaw
New South Wales Supreme Court
CITATION : Dimascio v R & A Piccoli [2001] NSWSC 675 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 10280/2001 HEARING DATE(S) : 25 June 2001 JUDGMENT DATE : 10 August 2001
Alfonso Dimascio (Plaintiff) PARTIES : R & A Piccoli t/as R & A Piccoli Bulk Haulage (Defendant) JUDGMENT OF : Master Harrison
LOWER COURT Local Court JURISDICTION : LOWER COURT 12154/98 FILE NUMBER(S) : LOWER COURT J Mottley LCM JUDICIAL OFFICER :
Mr R Greenaway (Plaintiff) COUNSEL : Mr M Johnston (Defendant) L W Williams & Associates (Plaintiff) SOLICITORS : Marina Gordon Solicitor (Defendant CATCHWORDS : Appeal decision of Local Court Magistrate LEGISLATION CITED : Supreme Court Rules Local Courts (Civil Claims) Act 1970 (NSW) Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 CASES CITED : Azzopardi v Tasman UEB Industries Ltd (11985) 4 NSWLR 139 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 CLR 588 DECISION : (1) The plaintiff is granted an extension of time to appeal up to and including 1 February 2001; (2) The decision of Mottley LCM dated 17 October is affirmed; (3) The appeal is dismissed; (4) The summons is dismissed; (5) The plaintiff is to pay the defendant's costs
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