NSW Caselaw
New South Wales Supreme Court
CITATION : Carew v Dunbars [2006] NSWSC 1105 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28 September 2006
JUDGMENT DATE : 23 October 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of Magistrate George dated 3 April 2006 is affirmed; (2) The summons filed 28 April 2006 is dismissed; (3) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - Small Claims Division - denial of natural justice
LEGISLATION CITED : Local Courts Act 1982 (NSW) - ss 73 & 75
Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [200] NSWSC 1153 Lu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 340 CASES CITED : Stead v State Government Insurance Commission (1986) 161 CLR 141 Wakim Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Wende v Finney [2005] NSWSC 927
PARTIES : Alan Norris Carew - Plaintiff Wayne Ebsworth Dunbar t/as Dunbars North Shore & City Towing - Defendant
FILE NUMBER(S) : SC 11916/2006
COUNSEL : Mr A Scotting - Defendant
SOLICITORS : Mr Carew - Plaintiff in person Robert H Storey - Defendant
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 58/2006
LOWER COURT JUDICIAL OFFICER : George LCM
LOWER COURT DATE OF DECISION : 3 April 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
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