NSW Caselaw
New South Wales Supreme Court
CITATION : Phoenix Constructions Pty Limited v Cesar Sarkis & Anor [2006] NSWSC 151
HEARING DATE(S) : 15, 16 & 17 March 2006
JUDGMENT DATE : 24 March 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; the exhibits may be returned.
CATCHWORDS : Feud between families - property joint ventures - challenge to decisions of Local Court - the scope of the appeal - not a de novo review of magistrate's findings and the evidence - no error in point of law - no mixed question of law and fact - leave considerations.
LEGISLATION CITED : Local Courts (Civil Claims) Act 1970, s69(2) & (3)
CASES CITED : Dr Jonathan Carne v United Medical Protection Limited [2005] NSWSC 556 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) & Ors (1999) 160 ALR 588
Phoenix Constructions Pty Limited (Plaintiff) PARTIES : Cesar Sarkis (First Defendant) Manzac Pty Limited (Second Defendant)
FILE NUMBER(S) : SC 12925/05
COUNSEL : Mr R J Burbidge QC & Mr R W Tregenza (Plaintiff) Mr G C Lindsay QC & Mr P M Barham (Defendants)
SOLICITORS : R M Legal (Plaintiff) John Ajaka (Defendants)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 6201/03; 12442/03
LOWER COURT JUDICIAL OFFICER : Lulham LCM
- 15 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Associate Justice Malpass
24 March 2006
12925 of 2005 Phoenix Constructions Pty Limited v Cesar Sarkis & Anor
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate