NSW Caselaw
New South Wales Supreme Court
CITATION : FORDHAM & 1 ORS v FORDYCE [2006] NSWSC 1111
HEARING DATE(S) : 23/10/06
JUDGMENT DATE : 27 October 2006
JUDGMENT OF : Associate Justice Malpass
DECISION : The summons is dismissed. The plaintiffs are to pay the costs of the summons.
CATCHWORDS : Appeal from determination by Magistrate of costs where no hearing on the merits - statutory discretion matters which may be considered - importance of the conduct of "the parties" - indulgence principle - evidentiary insufficiencies - appellate rights and entitlement to judicial review - extension of time required to bring appeal.
Access to Neighbouring Land Act 2000 (NSW) LEGISLATION CITED : Local Courts Act 1982 (NSW) Supreme Court Act 1970 (NSW)
CASES CITED : Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
Gary Shaun FORDHAM PARTIES : Narelle Jane FORDHAM Louise Aileen FORDYCE
FILE NUMBER(S) : SC 12301/06
COUNSEL : Mr J Simpkins SC with Mr J Johnson (Pl) Mr P J McEwan SC (Def)
SOLICITORS : Woolf Associates, Solicitors (Pl) PMF Legal (Def)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 20321613/04/02
LOWER COURT JUDICIAL OFFICER : Abood LCM
LOWER COURT DATE OF DECISION : 26/09/05
LOWER COURT MEDIUM NEUTRAL CITATION : Louise Aileen FORDYCE v Gary Shaun FORDHAM and Narelle Jane FORDHAM
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE MALPASS
27 October 2006
12301/06 FORDHAM & 1 0RS v FORDYCE
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