NSW Caselaw
New South Wales Court of Appeal
CITATION: Johnstone v State of New South Wales [2006] NSWCA 105
HEARING DATE(S): 18 May 2006
JUDGMENT DATE: 18 May 2006
JUDGMENT OF: Giles JA at 1 & 28; Santow JA at 26; McColl JA at 27
EX TEMPORE JUDGMENT DATE: 05/18/2006
DECISION: Extend time for applying for leave to appeal. Application for leave to appeal dismissed with costs.
CATCHWORDS: Removal of District Court proceedings to Supreme Court - bar in s 145(2) District Court Act unless judge satisfied amount awarded to plaintiff would be likely to exceed $750,000 - judge not satisfied - no error in applying that test - not required to arrive at complete assessment - sufficiently explained decision - decision open on evidence - leave to appeal refused. ND
CASES CITED: Bowditch v Hoey ((Master Greenwood, 6 February 1997, unreported); Ex parte Delponte; re Thiess Bros Pty Ltd (1965) NSWR 1468.
PARTIES: Adam Johnstone - Claimant State of New South Wales - Opponent
FILE NUMBER(S): CA 40723/05
COUNSEL: D T Kennedy SC & S A Gardiner - Claimant G Giagios - Opponent
SOLICITORS: Lough Wells Duncan, Wollongong - Claimant Crown Solicitor's Office - Opponent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 12041/05
LOWER COURT JUDICIAL OFFICER: Barr J
LOWER COURT DATE OF DECISION: 19/05/2005
LOWER COURT MEDIUM NEUTRAL CITATION: 19 May 2005, unreported
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40723/05 SC 12021/05
GILES JA SANTOW JA McCOLL JA
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