NSW Caselaw
New South Wales Supreme Court
CITATION : Miller v Ruscio & Anor [2003] NSWSC 372 HEARING DATE(S) : 29 April 2003 JUDGMENT DATE : 5 May 2003 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The appeal is dismissed; (2) The orders AJB George LCM dated 22 July 2003 are affirmed; (3) The summons is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - Amendment of statement of claim - Adjournment application Local Court (Civil Claims) Act 1970 (NSW) - s 69 LEGISLATION CITED : Local Court (Civil Claims) Rules - Part 16 Supreme Court Rules - Part 20 Allen v Kerr & 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 House v The King (1936) 55 CLR 499 Stephen Miller (Plaintiff)
PARTIES : Loreto Ruscio (First Defendant)
Syeno Pty Limited (Second Defendant) FILE NUMBER(S) : SC 12290/2002 Mr M W Anderson (Plaintiff) COUNSEL : Mr P J Gow (Defendants) Mr Stephen Miller (Plaintiff) SOLICITORS : Mr Evan Economou of Deacons (Defendants)
LOWER COURT Local Court JURISDICTION : LOWER COURT 363/02 FILE NUMBER(S) : LOWER COURT AJB George LCM JUDICIAL OFFICER :
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