North Sydney Council v Pamela Plater [2002] NSWCA 225

New South Wales Court of Appeal

CITATION : North Sydney Council v Pamela Plater [2002] NSWCA 225 revised - 23/08/2002 FILE NUMBER(S) : CA 40506/01 HEARING DATE(S) : 08/07/2002 JUDGMENT DATE : 23 August 2002

PARTIES : North Sydney Council v Pamela Plater JUDGMENT OF : Handley JA at 1; Giles JA at 2; Foster AJA at 46

LOWER COURT JURISDICTION : District Court LOWER COURT DC 2923/99 FILE NUMBER(S) : LOWER COURT Ainslie-Wallace DCJ JUDICIAL OFFICER :

COUNSEL : Mr F. McAlary QC with Mr M. Morris - Appellant Mr R Parsons - Respondent SOLICITORS : Phillips Fox - Appellant Peters Crompton Worrall - Respondent CATCHWORDS : Appeal against orders made pursuant to the slip rule, in substitution for orders previously made. District Court Act 1973 Arbitration (Civil Actions) Act 1983 District Court Rules LEGISLATION CITED : Interpretation Act 1987 Arbitration (Civil Actions) Amendment Bill Supreme Court Act 1970 Local Courts (Civil Claims) Act 1970 CASES CITED: El Ali v Government Insurance Office of New South Wales (1988) 15 NSWLR 303 Baulkham Hills Shire Council v Pascoe (1999) NSWCA 431 DECISION : 1. Grant leave to amend the summons to the form of summons annexed to the claimant's supplementary written submissions filed on 14 February 2002; 2. Grant leave to appeal and direct that the notice of appeal be filed within 7 days; 3. Appeal allowed; 4. Set aside the orders made by Ainslie-Wallace DCJ on 13 February 2002 and in lieu thereof order -; (a) that the arbitrator's award dated 18 July 2000 be reinstated modified to an award that there be a verdict and judgment for the defendant and the plaintiff pay the defendant's costs; (b) that the plaintiff pay the defendant's costs of the rehearing; 5. There will be no order as to the costs of the parties in this Court but the respondent is to have a certificate under the Suitors Fund Act.