NSW Caselaw
New South Wales Supreme Court
CITATION : Owners - Strata Plan 35612 v Irwin & Tebb [2003] NSWSC 1192 HEARING DATE(S) : 11 December 2003 JUDGMENT DATE : 16 December 2003 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The appeals are dismissed; (2) The summonses filed 20 June 2003 are dismissed; (3) The decision of Magistrate Price dated 23 May 2003 is affirmed; (4) The plaintiff is to pay the defendants' costs as agreed or assessed in both matters.
CATCHWORDS : Appeal - Small Claims Division of Local Court - damage to electrical appliances - power surge LEGISLATION CITED : Local Court (Civil Claims) Act 1970 - s 69 Strata Scheme Management Act 1966 CASES CITED : Kojima v Australian Chinese Newspapers [2000] NSWSC 1153 The Owners Corporation of Strata Plan 35612 (Plaintiff)
PARTIES : Phebe Irwin (Plaintiff - 11562/03)
Andrew Tebb (Plaintiff - 11527/03) FILE NUMBER(S) : SC 11526/2003; 11527/2003 Mr E Assaf (Plaintiff)
COUNSEL : Mr P Bahlmann (Defendant - 11526/03)
Mr McCrudden (Defendant - 11527/03) McCulloch & Buggy (Plaintiff) SOLICITORS : Bahlmann Burke Lawyers (Defendant - 11526/03)
LOWER COURT Local Court JURISDICTION : LOWER COURT 954/2002 FILE NUMBER(S) : 1049/2002 LOWER COURT Magistrate Michael Price JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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