NSW Caselaw
New South Wales Supreme Court
CITATION : ALISON CLISDELL v CHARLY TANNOUS [2006] NSWSC 524
HEARING DATE(S) : 31 May 2006
JUDGMENT DATE : 2 June 2006
JUDGMENT OF : Latham J
DECISION : The appeal is allowed; The order of Bradd LCM made in proceedings at Parramatta Local Court on 10 October 2005 dismissing the summary proceedings against the defendant is set aside; The decision of Bradd LCM in the proceedings that the plaintiff pay the costs of the defendant, assessed at $6,600 is set aside; The matter is remitted to the Local Court at Parramatta to be dealt with according to law; The defendant is to pay the plaintiff's costs in these proceedings
CATCHWORDS : Appeal from dismissal of Local Court proceedings - construction of Magistrate's reasons - whether alternative basis for dismissal disclosed by Magistrate's reasons - construction of Tow Truck Industry Act 1998
Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Tow Truck Industry Act 1998 Interpretation Act 1987 Suitors Fund Act 1951
Gibb v Federal Commissioner of Taxation (1966) 118 CLR 628 R v Young (1999) 46 NSWLR 681 R v Kain [2004] NSWCCA 143 CASES CITED : R v A [2004] NSWCCA 292 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343 Pettit v Dunkley (1971) 1 NSWLR 376 Housing Commission of NSW v Tatmar Pastoral Co Pty Ltd (1983) 3 NSWLR 378
PARTIES : Plaintiff - Alison Clisdell Defendant - Charly Tannous
FILE NUMBER(S) : SC 15195/2005
COUNSEL : Plaintiff - JK Kirk Defendant - GO Blake SC
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