NSW Caselaw
New South Wales Supreme Court
CITATION : GE Commercial Corporation (Australia) Pty Limited v Mastersport Motor Racing Developments Pty Limited & 1 Ors [2006] NSWSC 1223
HEARING DATE(S) : 15/11/2006
JUDGMENT DATE : 17 November 2006
JUDGMENT OF : Associate Justice Malpass
DECISION : The summons is dismissed. The plaintiff is to pay the costs of the proceedings.
CATCHWORDS : Undisclosed principal - rental agreement - claim for payment of arrears and interest - procedure for hearing of claims in Small Claims Division - application to call oral evidence rejected by Assessor - admissions made in the pleadings concerning principal and agency agreement - limitations with respect to suing - allegations of denial of natural justice - second judgment
GE Commercial Corporation (Australia) Pty Limited (Pl) PARTIES : Mastersport Motor Racing Developments Pty Limited & 1 Ors (1st Def) Stephen Richard McIver (2nd Def)
FILE NUMBER(S) : SC 10915/06
COUNSEL : Mr R Scruby (Pl) Mr G Drake (1st & 2nd Defs)
SOLICITORS : Kemp Strang (Pl) Searle & Associates Lawyers (1st & 2nd Defs)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 7059/05
LOWER COURT JUDICIAL OFFICER : Assessor G Roberts
LOWER COURT DATE OF DECISION : 30/01/06
LOWER COURT MEDIUM NEUTRAL CITATION : GE Commercial Corporation (Australia) P/L v Mastersport Motor Racing Developments P/L and Stephen McIver
- 4 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE MALPASS
17 November 2006
10915/06 GE Commercial Corporation (Australia) Pty Limited v Mastersport Motor Racing Developments Pty Limited & 1 Ors
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