Magic Glass v Singh [2006] NSWSC 912

New South Wales Supreme Court

CITATION : Magic Glass v Singh [2006] NSWSC 912 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 30 August 2006

JUDGMENT DATE : 11 September 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The appeal is dismissed; (2) The decision of Her Honour Magistrate Hannan dated 20 February 2006 is affirmed; (3) The summons filed 16 March 2006 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.

CATCHWORDS : Appeal decision of Local Court Magistrate - Small Claims Division

LEGISLATION CITED : Local Courts Act 1982 (NSW) - ss 70, 73(2)

Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 CASES CITED : Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Wende v Finney [2005] NSWSC 927

PARTIES : Magic Glass Pty Limited - Plaintiff Narinder Singh - Defendant

FILE NUMBER(S) : SC 11255/2006

SOLICITORS : Mr G Fernie (as agent) - Plaintiff Mr Carins - Defendant

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 1295/2005

LOWER COURT JUDICIAL OFFICER : Hannan LCM

LOWER COURT DATE OF DECISION : 20 February 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

MONDAY, 11 SEPTEMBER 2006

11255/2006 - MAGIC GLASS PTY LIMITED v NARINDER SINGH

JUDGMENT (Appeal decision of Local Court Magistrate - Small Claims Division) 1 HER HONOUR: By summons filed 16 March 2006 the plaintiff seeks an order that the decision of Her Honour Magistrate Hannan dated 20 February 2006 in matter number 1295/2005, entering judgment for the defendant and awarding costs in favour of the defendant, be set aside and in lieu thereof an order that the matter be remitted to the Local Court for determination. 2 The plaintiff is Magic Glass Pty Limited (Magic Glass) who was also the plaintiff in the Local Court proceedings. The defendant is Narinder Singh (Mr Singh). Magic Glass relied on the affidavit of Ali Hassan dated 8 June 2006. 3 At the outset, it may be helpful to make some brief comments concerning the remedy pursued by the plaintiff. Section 73(2) of the Local Courts Act 1982 (NSW) allows an appeal to this court on the grounds of lack of jurisdiction or denial of natural justice. 4 Section 75 of the Act provides that the Court may determine an appeal by either (a) varying the terms of the judgment or order or (b) setting the judgment or order aside or (c) setting the judgment or order aside and remitting the matter for determination in accordance with the Court's directions or (d) dismissing the appeal.