NSW Caselaw
New South Wales Court of Appeal
CITATION: Coshott & Anor v Shipton Lodge Cobbitty Pty Ltd [2006] NSWCA 316
HEARING DATE(S): 9 November 2006
JUDGMENT DATE: 9 November 2006
JUDGMENT OF: McColl JA at 1; Basten JA at 13
EX TEMPORE JUDGMENT DATE: 11/09/2006
DECISION: Application for leave to appeal and appeal dismissed. Claimants to pay the opponent's costs.
CATCHWORDS: APPEAL - application for leave to appeal from dismissal of appeals from two Local Court decisions - agistment of horses - whether contract by conduct established - bailment - whether correct determination of standard of care - COMPETENCY OF APPEAL - whether costs included in determining whether matter at issue on appeal amounted to $100,000 - leave refused - (ND)
District Court Act 1973 LEGISLATION CITED: Local Courts Act 1982 Local Court (Civil Claims) Act 1970 Supreme Court Act 1970.
Built Interiors Pty Ltd v Three Dinosaurs Pty Ltd [2003] NSWCA 290 Coggs v Bernard (1703) 2 Ld Raym 909; 92 ER 107 Coshott v Shipton Lodge Cobbity Pty Ltd [2006] NSWSC 556. CASES CITED: Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Gurr v Robinson (Supreme Court of NSW, Court of Appeal, unreported, 10 February 1986) Harbrett Pty Limited v Susanne Ruth Butler (Supreme Court of NSW, Court of Appeal, unreported 14 December 1989) Hobbs v Petersham (1971) 124 CLR 220
Robert Gilbert Coshott - 1st Claimant PARTIES: Ljiljana Coshott - 2nd Claimant Shipton Lodge Cobbitty Pty Ltd - Opponent
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