NSW Caselaw
New South Wales Supreme Court
CITATION : Maitland City Council v Barry Murdoch & Anor [2005] NSWSC 762
HEARING DATE(S) : 27 July 2005
JUDGMENT DATE : 2 August 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The summons is dismissed; the plaintiff is to pay the costs of the summons; the exhibit may be returned.
CATCHWORDS : Rates paid pursuant to declaration by council as to category - concession that land had been incorrectly categorised - moneys had and received - jurisdiction of Local Court - moneys paid under mistake - areas of challenge available where decision is made in Small Claims Division.
Local Courts (Civil Claims) Act 1970, s21B, s69 LEGISLATION CITED : Local Government Act 1993, Chapter 15 Supreme Court Act 1970, s69
Carne v United Medical Protection Limited [2005] NSWSC 556 CASES CITED : David Securities Pty Limited v Commonwealth Bank of Australia (1991-1992) 175 CLR 353 Roxborough v Rothmans of Pall Mall Australia Limited (2001-2002) 208 CLR 516
Maitland City Council (Plaintiff) PARTIES : Barry Murdoch (First Defendant) Local Court of New South Wales (East Maitland) (Second Defendant)
FILE NUMBER(S) : SC 10514/05
Mr CJ Leggat (Plaintiff) COUNSEL : Mr CW McEwan SC & Mr M Seymour (First Defendant)
Thompson Norrie (Maitland) (Plaintiff) SOLICITORS : Toltz Lahood (First Defendant) I V Knight, Crown Solicitor (Second Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 124/04
LOWER COURT JUDICIAL OFFICER : Jackson LCM
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