NSW Caselaw
New South Wales Supreme Court
Herbert Wende & Ors v Giles Finney [2005] NSWSC 927 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 11/08/2005
JUDGMENT DATE : 16 September 2005
JUDGMENT OF : Howie J at 1
DECISION : The appeal is allowed and the verdict and orders of the Magistrate set aside. The matter is remitted to the Local Court to be determined comformably with this decision. The respondent is to pay the appellants' costs of the proceedings before the Assistant Registrar and this appeal.
CATCHWORDS : Appeal - Proceedings in Small Claims Division of Local Court - documents on subpoena filed at hearing - documents alleged dishonesty and misconduct by appellants - refusal to allow witnesses to be called in answer to documents - denial of procedural fairness.
Supreme Court Rules - Pt 60 r 10 LEGISLATION CITED : Local Court (Civil Claims) Act - s 69(2A) (repealed)
Do Carmo v Ford Excavations Pty Ltd [1981] 1 NSWLR 409 Wakim v Mathiew Pty Ltd [2002] NSWSC 405 CASES CITED : Slade v Gea [2001] NSWSC 38 Kojima v Australian Chinese Newspapers [2000] NSWSC 1153
PARTIES : Hertbert Wende, Margaret Wende and Mark Lloyd v Giles Finney trading as CBD Law
FILE NUMBER(S) : SC 11795/2004
M. Lloyd and H. Wende - Applicants appeared in person COUNSEL : R. de Meyrick - Respondent
- SOLICITORS : CBD Law - Respondent
LOWER COURT JURISDICTION : Supreme Court
LOWER COURT JUDICIAL OFFICER : Assistant Registrar Howe
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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