ADVANCE FLOORING CO PTY LTD v ARIEL STOLIAR [2003] NSWSC 12

New South Wales Supreme Court

CITATION : ADVANCE FLOORING CO PTY LTD v ARIEL STOLIAR [2003] NSWSC 12 HEARING DATE(S) : JUDGMENT DATE : 3 January 2003

JUDGMENT OF : Dowd J DECISION : Appeal upheld; returned to Local Court; costs reserved.

CATCHWORDS : Appeal from Local Court - failure to determine terms and conditions of a contract - multiple amendments to statement of claim - error of law - judicial discretion to award costs. Justices Act 1902 LEGISLATION CITED : Legal Practitioners' Act 1987 Local Courts (Civil Claims) Act 1970 No. 11 Alltrans Express v CVA Holdings (1984) 1 All ER 685 CASES CITED : Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Hughes v Western Australia Cricket Association (Inc) (1986) ATPR 48-134 Pettit v Dunkley (1971) 1 NSWLR 376 PARTIES : Advance Flooring Co Pty Ltd (ACN 274 711 961) (Plaintiff) Ariel Stoliar (Defendant) FILE NUMBER(S) : SC 12461/00 COUNSEL : G Gemmell (Plaintiff) T Lynch (Defendant) SOLICITORS : L Ciaglia, Ciaglia Legal (Plaintiff) P Snellgrove, Snellgroves Solicitors (Defendant)

LOWER COURT Local Court JURISDICTION : LOWER COURT 9196/97 FILE NUMBER(S) : LOWER COURT I Barnett LCM JUDICIAL OFFICER :

SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J

Friday 3 January 2003

12461/00 ADVANCE FLOORING COMPANY PTY LTD (ACN 274 711 961) v ARIEL STOLIAR

JUDGMENT

1. HIS HONOUR: This is an appeal from the decision of Barnett LCM on 18 August 2000 under the provisions of S69 of the Local Courts (Civil Claims) Act 1970 which appeal is available only on points of law. 2. The order sought in the appeal is that the judgment as to damages, interest and costs be set aside, although the particulars make it clear that it is the judgment itself, rather than, as expressed, "damages", "interest" and "costs". The appeal lies by virtue of S69 Local Courts (Civil Claims) Act 1970 ("the Act") which incorporates Pt 5 of the Justices Act 1902. A court exercising jurisdiction under the Act is a court of record.