NSW Caselaw
New South Wales Supreme Court
CITATION : McAlinden v Danks & Bourke [2003] NSWSC 86 HEARING DATE(S) : 17 February 2003 JUDGMENT DATE : 3 March 2003 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The order of Madgwick LCM dated 18 July 2002 is affirmed; (2) The summons is dismissed; (3) The plaintiff is to pay the defendant's costs as agreed or assessed
CATCHWORDS : Appeal decision of Local Court Magistrate - rehearing refused Local Court (Civil Claims) Act 1970 (NSW) LEGISLATION CITED : Arbitration (Civil Actions) Act 1983 (NSW) Supreme Court Rules Allen v Keer & Anor (1995) Aust Torts Reports 81-354 CASES CITED : Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Ceil Comfort Insulation Pty Limited v ARM Equipment Finance Pty Limited [2001] NSWSC 619 The State of Queensland v J L HOldings Pty Limited (1997) 189 CLR 146 Colm Martin McAlinden (Plantiff) PARTIES : Pedr Danks and Craig Bourke (Defendants) FILE NUMBER(S) : SC 12161/2002 Mr M P Cleary (Plaintiff) COUNSEL : Ms F Clark (First Defendant) E Berman & Co (Plaintiff) SOLICITORS : John Byrnes & Associates (First Defendant)
LOWER COURT Local Court JURISDICTION : LOWER COURT 3878/01 FILE NUMBER(S) : LOWER COURT Madgwick LCM JUDICIAL OFFICER :
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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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