NSW Caselaw
New South Wales Supreme Court
CITATION : McDowell v Fox & Ors [2003] NSWSC 324 HEARING DATE(S) : 8 April 2003 JUDGMENT DATE : 17 April 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : Findings made that the application for review is competent and that an application for leave to appeal is an appeal for the purposes of s 208N. Questions of costs to date are reserved and the parties are to have liberty to apply.
CATCHWORDS : Application for suspension of determination heard by Registrar exercising referred power - competency of review by a Master - is an application for leave to appeal an appeal for the purposes of s 208N. Justices Act 1902, s 104. Legal Profession Act 1987, Div 6, s 208JA, subdiv 4B, ss 208L - 208NC. LEGISLATION CITED : Supreme Court Act 1970, s 121. Supreme Court Rules 1970, Pt 60 r 10 and r 17, Pt 61 r 3, Sch D, Sch E Pt 2 cl 11. CASES CITED : Collins v R (1975) 8 ALR 150. Klewer v Walton [2003] NSWSC 113. Karen Frances McDowell (Plaintiff) v PARTIES : Henry Fox (First Defendant) Sarah Deans (Second Defendant) Chatswood Art School Pty Ltd (Third Defendant) FILE NUMBER(S) : SC 12404 of 2002 COUNSEL : N/A (Plaintiff) Mr P I Lakatos (Defendants) SOLICITORS : John Cunningham (Plaintiff) Brian Muir & Company (Defendants)
LOWER COURT Supreme Court (Registrar) JURISDICTION : LOWER COURT 12404 of 2002 FILE NUMBER(S) : LOWER COURT Senior Deputy Registrar Whitehead JUDICIAL OFFICER :
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