NSW Caselaw
New South Wales Supreme Court
CITATION : Slater v Watts [2004] NSWSC 484 HEARING DATE(S) : 31 May 2004 JUDGMENT DATE : 7 June 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The decision of Magistrate McIntosh made on 24 October 2003 is affirmed; (2) The appeal is dismissed; (3) The summons is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - existence of partnership - contribution LEGISLATION CITED : Local Court (Civil Claims) Act 1970 (NSW) - s 69 Partnership Act 1892 (NSW) - s 2 Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 CASES CITED : Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Devries v Australian National Railways Commision (1993) 177 CLR 472 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 CLR 588 Robert Slater (Plaintiff) PARTIES : James Watts (Defendant) FILE NUMBER(S) : SC 13101/2003 COUNSEL : Mr G J Bateman (Plaintiff) Mr M Fitzgerald, Helliars City Solicitors SOLICITORS : (Plaintiff)
Mr Paul Nass (Defendant)
LOWER COURT Local Court JURISDICTION : LOWER COURT 1138/2002 FILE NUMBER(S) : LOWER COURT Magistrate McIntosh JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER HARRISON
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