NSW Caselaw
New South Wales Supreme Court
CITATION : Australian National Car Parks v State Rail Authority [2004] NSWSC 96 HEARING DATE(S) : 11 February 2004 JUDGMENT DATE : 26 February 2004 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : That part of the decision which rejects the defence of illegality is set aside. The matter is remitted to the Local Court for determination according to law. The defendant is to pay the costs of the Summons. The Exhibits may be returned. If so entitled, the defendant is to have a certificate under the Suitors' Fund Act 1951.
CATCHWORDS : Lease for car parking purposes - proposed user as public car park - existing user rights - illegality. LEGISLATION CITED : Suitors' Fund Act 1951. Trade Practices Act 1974, s 52.(C'wealth) Best v Glenville (1960) 3 All ER 478. CASES CITED : Fitzgerald v F J Leonhardt Pty Ltd (1997) 189 CLR 215. Yango Pastoral Co Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410. Australian National Car Parks Pty Limited (Plaintiff) PARTIES : v State Rail Authority of New South Wales (Defendant) FILE NUMBER(S) : SC 12145 of 2003 COUNSEL : V Culkoff (Plaintiff) A V Gruzman (Defendant) SOLICITORS : Steven Klinger (Plaintiff) Emil Ford & Co (Defendant)
LOWER COURT Local Court JURISDICTION : LOWER COURT 8570 of 2002 Local Court FILE NUMBER(S) : (Civil Claims) Sydney
LOWER COURT B.A.Lulham LCM JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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