NSW Caselaw
Reported Decision : 63 NSWLR 729
New South Wales Court of Appeal
CITATION: Monie v Commonwealth of Australia [2005] NSWCA 25
HEARING DATE(S): 22/02/2005
JUDGMENT DATE: 7 April 2005
JUDGMENT OF: Giles JA at 1; Bryson JA at 6; Hunt AJA at 8
DECISION: (1) The judgement in favour of the defendant is set aside.; (2) A new trial is ordered on all issues.; (3) The costs of the first trial are reserved for the trial judge in the new trial.; (4) The defendant is to pay the plaintiffs' costs of the appeal.
CATCHWORDS: Significant delay by the trial judge in giving judgment - approach on appeal to findings by the trial judge.
Commonwealth Employment Services Act 1978 LEGISLATION CITED: Privacy Act 1988 Suitors' Fund Act 1951
Boodhoo v Attorney-General of Trinidad and Tobago [2004] 1 WLR 1689 Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 209 ALR 568 Goose v Wilson Sandford & Co (1998) 142 SJLB 92 CASES CITED: Hadid v Redpath [2002] NSWCA 16 Krivoshev v RSPCA NSW Inc [2005] NSWCA 78 Regina v Maxwell, CCA, unreported, 23 December 1998 Tame v NSW (2002) 211 CLR 317
Peter John MONIE Jennifer MONIE PARTIES: Samuel MONIE Appellants Commonwealth of Australia Respondent
FILE NUMBER(S): CA 41246/2003
Mr D F Rofe QC/Mr A Tudehepe Appellant COUNSEL: Mr R S McIlwaine SC/Mr B Skinner Respondent
S.K. & Associates Appellant SOLICITORS: Australian Government Solicitor Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 20043/2001
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