NSW Caselaw
New South Wales Supreme Court
CITATION : Thomas & Anor v Nedeljkovic [2004] NSWSC 524 HEARING DATE(S) : 7 June 2004 JUDGMENT DATE : 21 June 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The appeal is allowed; (2) The judgment of the Local Court dated 31 October 2003 is set aside; (3) The proceedings are remitted to the Local Court, Small Claims Division to be heard and determined according to law; (4) The defendant is to pay the plaintiffs' costs as agreed or assessed; (5) Pursuant to s 6 of the Suitors' Fund Act (1951 (NSW) an indemnity certificate in respect of this appeal is to be granted to the defendant.
CATCHWORDS : Appeal decision of Local Court Magistrate - refusal to grant an adjournment application LEGISLATION CITED : Local Court (Civil Claims) Act 1970 (NSW) - s 23Bs and s 69(2A) Suitor Fund Act 1951 (NSW - s 6 Bloch v Bloch & Anor (1981) 37 ALR 55 Kearns & Anor v Fair Trading Tribunal of NSW & Anor [2001] NSWSC 951 Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 CASES CITED : Scott v Handley (199) 58 ALD; [1999] CA 404 Titan v Babic & Ors (1994) 49 FCR 546 Wakin v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Watson v Watson [1968] 2 NSWR 647 Sean Thomas (First Plaintiff)
PARTIES : Dianne Thomas (Second Plantiff)
Kosta Nedeljkovic (Defendant) FILE NUMBER(S) : SC 13161/2003 Mr W W Sneddon COUNSEL : (Plaintiffs)
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