NSW Caselaw
New South Wales Supreme Court
CITATION : Networked Sales v Rodrigues [2006] NSWSC 888
HEARING DATE(S) : 11 August 2006
JUDGMENT DATE : 5 September 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) Leave to appeal the decision of Her Honour Magistrate Keogh made on 8 April 2005 is refused; (2) The decisions of the Magistrate made on 8 April 2005 and 15 December 2005 are affirmed; (3) The appeal is dismissed; (4) The summons filed 13 February 2006 is dismissed; (5) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Leave to appeal - Appeal of Local Court Magistrate - res judicata
Civil Procedure Act 2005 LEGISLATION CITED : Consumer Claims Act 1998 (NSW) - s 36(1) Property Stock & Business Agents Act 1941 (NSW) - s 42A Property Stock & Business Agents Act 2002 (NSW) - s 36
Berowra Holdings Pty Ltd v Gordon [2006]HCA 32 CASES CITED : Chamberlain v Deputy Commissioner (1991) 28 FCR 21 Investmentsource v Knox [2002] NSWSC 710
PARTIES : Networked Sales Pty Ltd - Plaintiff Andre Rodrigues - Defendant
FILE NUMBER(S) : SC 10711/2006
COUNSEL : Mr S Glascott - Plaintiff Mr L Katsinas - Defendant
SOLICITORS : Birbas Attorneys - Defendant
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 216/2004; 224/2005
LOWER COURT JUDICIAL OFFICER : Keogh LCM
LOWER COURT DATE OF DECISION : 8 April 2005, 15 December 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
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