Kiwi Munchies Pty Ltd v Thai Airways International Public Company Ltd [2002] NSWSC 82

New South Wales Supreme Court

CITATION : Kiwi Munchies Pty Ltd v Thai Airways International Public Company Ltd [2002] NSWSC 82 CURRENT JURISDICTION: Supreme Court of New South Wales FILE NUMBER(S) : SC 13779/01 HEARING DATE(S) : 11 and 15 February 2002 JUDGMENT DATE : 22 February 2002

PARTIES : Kiwi Munchies Pty Ltd Thai Airways International Public Company Ltd JUDGMENT OF : Sully J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT 782/2001 FILE NUMBER(S) : LOWER COURT Magistrate H. Dillon JUDICIAL OFFICER :

COUNSEL : C. J. Whitelaw - Applicant S. Habib - Respondent SOLICITORS : Legal Office, Kiwi Munchies - Applicant Ebsworth & Ebsworth - Respondent LEGISLATION CITED : Local Courts (Civil Claims) Act 1979 (NSW) Civil Aviation (Carriers' Liability) Act 1959 (C'th) Briginshaw & Briginshaw [1938] 60 CLR 336 at 362 CASES CITED : Gallo v Dawson [1990] 93 ALR 479 Reg v Birks [1990] 19 NSWLR 677 State Pollution Control Commission v Australian Iron & Steel Pty Ltd [1993] 29 NSWLR 487 DECISION : Notice of Motion dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

Friday 22 February 2002

13779/2001 – KIWI MUNCHIES PTY LTD v THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LTD

JUDGMENT 1 SULLY J: By a Notice of Motion filed on 24 January 2002 Kiwi Munchies Pty Ltd as applicant seeks an extension of time in which to file an appeal to this Court against a judgment of a Local Court Magistrate sitting in the Downing Centre Local Court. Such an appeal is competent at all only to the extent for which provision is made by section 69 of the Local Courts (Civil Claims) Act 1979 (NSW). The relevant provisions are: "69(1) Subject to sub-section (2) all judgments and orders of a court exercising jurisdiction under this Act shall be final and conclusive. (2) A party to proceedings under this Act who is dissatisfied with the judgment or order of the court as being erroneous in point of law, may appeal to the Supreme Court therefrom. (2A) ……………………… (not applicable) (3) The provisions of section 101 to section 115, both sections inclusive, of the Justices Act 1902 , apply, to the extent to which they are applicable, to appeals under sub-section (2) in the same way as they apply to appeals to the Supreme Court under those provisions." 2 I am satisfied of the following facts: