NSW Caselaw
New South Wales Supreme Court
CITATION : Murdaca v Accounts Control Management Services Pty Limited [2006] NSWSC 68
HEARING DATE(S) : 17 February 2006
JUDGMENT DATE : 24 February 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The summons is dismissed; the plaintiff is to pay the costs of the summons.
CATCHWORDS : Litigant in person in Local Court - rehearing - no entitlement to rehearing - validity of assignment not placed in issue - attempt to challenge its validity and the finding of the magistrate on appeal - evidence may have been led if placed in issue - amount involved not significant - not expedient or in the interests of justice to allow challenge to be agitated in the appeal - duty of court to litigant in person.
LEGISLATION CITED : Local Court (Civil Claims) Rules 1988, Pt 9 r 1(4)
Chilcotin Pty Ltd & Anor v Cenelage Pty Ltd & Ors [1999] NSWCA 11 CASES CITED : Chouman v Margules (1993) 17 MVR 144 Rajski v Scitec Corporation Pty Limited (unreported, NSWCA, 16 June 1986)
PARTIES : Anthony Murdaca (Plaintiff) Accounts Control Management Services Pty Limited (Defendant)
FILE NUMBER(S) : SC 13877/05
COUNSEL : Mr W Annis-Brown (Solicitor) (Plaintiff) Mr C Evans (Defendant)
SOLICITORS : Lincoln Smith & Company (Plaintiff) Leonard Legal (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 74569/03
LOWER COURT JUDICIAL OFFICER : Deputy Chief Magistrate Syme
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Associate Justice Malpass
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