NSW Caselaw
New South Wales Supreme Court
CITATION : Perla v Bethencourt [2005] NSWSC 823
HEARING DATE(S) : 15 August 2005
JUDGMENT DATE : 18 August 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) Leave to appeal is refused; (2) The order of Magistrate G Bradd dated 16 December 2004 is affirmed; (3) The summons filed 11 January 2005 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed; (5) The Local Court file should be returned
CATCHWORDS : Leave to appeal decision of Local Court Magistrate - issue of a subpoena
LEGISLATION CITED : Local Court (Civil Claims) Rules 1988 (NSW)
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 CASES CITED : In re the Will of FB Gilbert (dec) (1946) 46 SR(NSW) 318 Paringa Mining & Exploration Co Pic v North Flinders Mines Ltd (1988) 165 CLR 452
Elena Perla t/as Perla & Jordan Lawyers (Plaintiff) PARTIES : Luis Alberto Bethencourt (Defendant)
FILE NUMBER(S) : SC 10064/2005
Mr P D Gray-Grzeszkiewicz (Plaintiff) COUNSEL : Mr A J Bowen (Defendant)
Perla & Jordan Lawyers (Plaintiff)
SOLICITORS : Ms Linda Wright, DGB Lawyers (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 4837/2003
LOWER COURT JUDICIAL OFFICER : G Bradd LCM
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
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