NSW Caselaw
New South Wales Supreme Court
CITATION : LKC Technology v Coastliner & Anor [2003] NSWSC 817 HEARING DATE(S) : 29 August 2003 JUDGMENT DATE : 5 September 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The Notice of Motion brought by Suncorp is dismissed. The Notice of Motion brought by Coastliner is dismissed. I reserve all questions of costs.
CATCHWORDS : Summary dismissal - misconceived application - motor vehicle accident - per quod servitium amisit action - triable questions of fact. LEGISLATION CITED : Motor Accidents Act 1988. Motor Accident Insurance Act 1994 (Qld), s 37. CASES CITED : GIO Australia Ltd v Robson & Anor (1997) 42 NSWLR 439. Kenbrad Pty Ltd v Vakauta [2001] NSWCA 204. LKC Technology Pty Ltd previously trading as L K Computech Systems & Services Pty Limited (Plaintiff) PARTIES : v Coastliner Pty Limited (Defendant/Cross-Claimant) Suncorp Metway Insurance Limited (Cross-Defendant) FILE NUMBER(S) : SC 20142 of 2002 Mr M Cahill (Plaintiff) COUNSEL : Mr M Claridge (Defendant/Cross-Claimant) L Boyd (Cross-Defendant) Konstan Lawyers (Plaintiff) SOLICITORS : Gells Lawyers (Defendant/Cross-Claimant) Hunt & Hunt (Cross-Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Master Malpass
Friday 5 September 2003
20142 of 2002 LKC Technology Pty Ltd previously trading as L K Computech Systems & Services Pty Limited v Coastliner Pty Limited & Anor
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