NSW Caselaw
New South Wales Supreme Court
CITATION : Macquarie Leasing v Combined Home Loans [2006] NSWSC 541
HEARING DATE(S) : 1 June 2006
JUDGMENT DATE : 8 June 2006
JURISDICTION : Common Law
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) The judgment of Magistrate Sweeney dated 8 November 2005 is affirmed; (4) The amended summons filed 22 February 2006 is dismissed; (5) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal Local Court Magistrate - Auction - Misrepresentations - Chimera Roadster
Evidence Act - s 55 LEGISLATION CITED : Local Courts Act 1982 - ss 73, 74(1), 75 Trade Practices Act - s 52
Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Carr v Neill [1999] NSWSC 1263 Collins Marrickville Pty Ltd v Henjo Investments Pty Ltd (1987) 72 ALR 601 Benlist Pty Ltd v Olivetti Australia Pty Ltd (1990) ATPR 41-403 CASES CITED : Devries v Australian National Railways Commission (1993) 177 CLR 472 Jebeli v Modir and Golyaei [2005] NSWCA 184 R L & D Investments Pty Ltd v Bisby (2002) 37 MVR 479 Ronald Wallace Gould and Another v Peter Vaggelas and Others (1984) 157 CLR 215 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) [1999] HCA 3 Swain v Waverley Municipal Council [2005] HCA 4
Macquarie Leasing Pty Limited (Plaintiff) PARTIES : Combined Home Loans Pty Limited (Defendant)
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