RYDE CITY COUNCIL v TOURTOURAS [2007] NSWCA 218

New South Wales Court of Appeal

CITATION: RYDE CITY COUNCIL v TOURTOURAS [2007] NSWCA 218

HEARING DATE(S): 14 August 2007

JUDGMENT DATE: 23 August 2007

JUDGMENT OF: Santow JA at 1; McColl JA at 2; Basten JA at 3

(1) Grant leave to appeal from the judgment given in the District Court on 30 August 2006.

(2) Direct the Appellant (Ryde City Council) to file the draft notice of appeal which accompanied its summary of argument within 7 days.

(3) Allow the appeal and set aside orders 1-5 made in the District Court.

(4) In lieu thereof:

DECISION: (a) adopt the report of Referee Goldstein dated 10 July 2006;

(b) give judgment in favour of the plaintiffs in the District Court proceedings in an amount of $17,111.57, together with interest from 10 July 2006.

(5) Order the Respondents to pay the Appellant's costs in this Court.

(6) Grant the Respondents a certificate under the Suitors' Fund Act 1951 (NSW).

(7) Grant liberty to the parties to file short minutes of order varying order (4)(b) within 7 days, if necessary.

JURISDICTION – review of referee's report by judge of District Court – review of findings of fact - proper scope of discretion - Uniform Civil Procedure Rules r 20.24. CATCHWORDS: JURISDICTION – appeal from decision of judge of District Court reviewing report of referee – application of Supreme Court Act 1970 (NSW) s 75A.

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 District Court Act 1973 (NSW), s 127 LEGISLATION CITED: Supreme Court Act 1970 (NSW), s 75A Supreme Court Rules 1970 (NSW), Part 72, r 13 Uniform Civil Procedure Rules 2005 (NSW), r 20.14, r 20.24