NSW Caselaw
New South Wales Supreme Court
CITATION : Byrnes v The Waffle Pod People & Anor [2001] NSWSC 672 Common Law Division CURRENT JURISDICTION: Administrative Law List
FILE NUMBER(S) : SC 30002 of 1999 HEARING DATE(S) : 2 August 2001 JUDGMENT DATE : 8 August 2001
James Warren Byrnes (Plaintiff) PARTIES : v The Waffle Pod People Pty Ltd (formerly Ribbed Raft Foundation Systems Pty Ltd) Trading as Inrange Concrete (NSW) and Trading as Sartus (NSW) (Footpath & Driveway Division) (First Defendant) Consumer Claims Tribunal of New South Wales (Second Defendant) JUDGMENT OF : Master Malpass
LOWER COURT Consumer Claims Tribunal JURISDICTION : LOWER COURT BPA 96/311 - BPA 96/314 (inclusive) FILE NUMBER(S) : LOWER COURT Mr Smith JUDICIAL OFFICER :
Mr M Pesman (Plaintiff) COUNSEL : Mr D L Warren (First Defendant) N/A (Second Defendant) In Person (Plaintiff) SOLICITORS : Gordon Robilliard & Plowman (First Defendant) I V Knight - Crown Solicitor - Submitting appearance (Second Defendant) CATCHWORDS : Judicial review of decisions of tribunal - alleged lack of jurisdiction by reason of erroneous admission of unstamped guarantee and the splitting of a claim that exceeded the monetary limit. Consumer Claims Tribunals Act 1987, s 12, LEGISLATION CITED : s 12 (2) (b) (i). Stamp Duties Act 1920. CASES CITED : N/A DECISION : See Paragraphs 19 - 20.
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST MASTER MALPASS
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