NSW Caselaw
New South Wales Supreme Court
CITATION : BSA v Focuson [2005] NSWSC 150
HEARING DATE(S) : 4 March 2005
JUDGMENT DATE : 11 March 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : 1. Leave to appeal is granted; 2. The orders made by Lulham LCM on 27 September 2004 and which are recorded on p 34 of the transcript are set aside; 3. The defendant is to pay the costs of the proceedings; 4. If so entitled, the defendant is to have a certificate under the Suitors' Fund Act 1951; 5. The exhibits may be returned.
CATCHWORDS : Appeal from decision on interlocutory application for summary dismissal - leave - effect of consent orders - meaning of "dismissed" - application of District Court Rules - purported assignment of chose in action and notice - cross-estoppel.
LEGISLATION CITED : District Court Rules 1973 Pt 1 r 4, Pt 11A r 3, Pt 26 r 6A and 7
Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 Minero Pty Ltd v Redero Pty Ltd (unreported, NSWSDC, Santow J 29 July 1998) CASES CITED : Somanader v MIMA (2000) 178 ALR 677 The Indian Grace (1993) AC 410
Broadcast Services Australia Limited (Plaintiff) PARTIES : Focuson Pty Limited (Defendant)
FILE NUMBER(S) : SC 13438/04
Mr P Bolster (Plaintiff) COUNSEL : Mr C Carroll (Defendant)
Verekers (Plaintiff) SOLICITORS : Dayton Legal (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 11058 of 2003
LOWER COURT JUDICIAL OFFICER : Lulham LCM
- 7 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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