NSW Caselaw
New South Wales Court of Appeal
CITATION: Baker & Anor. v. Gurtner & Anor. [2007] NSWCA 63 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 19 March 2007
JUDGMENT DATE: 19 March 2007
JUDGMENT OF: Hodgson JA at 1; Santow JA at 38; Campbell JA at 40
EX TEMPORE JUDGMENT DATE: 19 March 2007
DECISION: 1. Leave to appeal granted. 2. Notice of Appeal to be filed within fourteen days. 3. Appeal allowed. 4. Orders below set aside. 5. A new trial in the District Court. 6. Costs of the trial before Ashford DCJ to be in the discretion of the judge hearing the new trial. 7. The respondent to pay the claimant's cost of the application and appeal and to have a certificate under the Suitors Fund Act if otherwise eligible.
CATCHWORDS: AGENCY - MORTGAGES AND CHARGES - Money given to agent for purpose of making a loan upon the security of a charge - Whether charge obtained - Inadequacy of primary judge's findings and reasons.
CASES CITED: Composite Buyers Limited v Soong (1998) 38 NSWLR 286 Troncone v Aliperti (1994) 6 BPR 13291
Jason Nicholas Baker - 1st claimant PARTIES: Fast Track Financiers Pty. Limited - 2nd claimant Peter Alan Gurtner - 1st opponent James Hume - 2nd opponent
FILE NUMBER(S): CA 40493/06
COUNSEL: Mr. D. Allen for claimants Mr. G. Carolan for opponents
SOLICITORS: Proctor & Associates, Parramatta for claimants Andrew J. Foster, Eastwood for opponents
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC1297/04
LOWER COURT JUDICIAL OFFICER: Ashford DCJ
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