NSW Caselaw
Reported Decision : (2002) NSW ConvR 56-025
New South Wales Supreme Court
CITATION : Quzag v Gunning Shire Council [2002] NSWSC 160 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20010/2000 HEARING DATE(S) : 8 March 2002 JUDGMENT DATE : 14 March 2002
Mustafa Quzag (Plaintiff) PARTIES : Gunning Shire Council (Defendant) JUDGMENT OF : Master Harrison
Mr G Brady (Plaintiff) COUNSEL : Mr C Hyde (Defendant) Tetlow Jansen & Doyle Dickson ACT by their agents Masons SOLICITORS : (Plaintiff)
Phillips Fox (Defendant)
CATCHWORDS : Summary judgment - failure to pay rates, sale of (and alleged breaches of statutory duty and negligence) LEGISLATION CITED : Supreme Court Rules - Part 13 r 5 Local Government Act 1993 - ss 713 & 715 Air Services Australia v Zarb (NSWCA unreported, 26 August 1998) Dey v Victorian Railway Commissioners (1948-49) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 CASES CITED : Webster & Anor v Lampard (1993) 177 CLR 598 Contribution Fund of Australia v Hunt (1982) 44 ALR 365 Gibson v Parkes District Hospital (1991) 26 NSWLR 9 Sovar v Henry Lane Pty Limited (1967) 116 CLR 397 Stubbs v NRMA Insurance Ltd (1997) 42 NSWLR 550 DECISION : (1) The defendant's notice of motion filed 3 July 2001 is dismissed; (2) The defendant is to pay the plaintiff's costs as agreed or assessed.
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