NSW Caselaw
New South Wales Supreme Court
CITATION : Spencer v Elichung Pty Ltd [2006] NSWSC 523
HEARING DATE(S) : 24 May 2006
JUDGMENT DATE : 6 June 2006
JURISDICTION : Common Law
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) Leave is granted for an extension of time to lodge this appeal up to and including 2 December 2005; (2) The appeal is upheld; (3) The judgment of Magistrate Russell dated 21 October 2005 is set aside; (4) The matter is remitted to the Local Court, Small Claims Division, Cooma to be dealt with according to law; (5) The defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - Small Claims Division - money due
LEGISLATION CITED : Local Courts Act 1982 (NSW) - ss 73 & 75
Holloway v Chairperson of the Residential Tribunal (2201) 51 NSWLR 716; (2001) 40 BPR 18,905; [2001] NSWCA 209 Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 CASES CITED : Oliveri Legal Pty Ltd v Lohnring International Pty Limited [2004] NSWSC 987 Wakim Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Wende v Finney [2005] NSWSC 927
Peter James Spencer (Plaintiff) PARTIES : Elichung Pty Ltd as Trustee for Monachan Family Trust t/as Cooma Rural Supplies (Defendant)
FILE NUMBER(S) : SC 15812/2005
Mr P J Spencer (Plaintiff in person) SOLICITORS : No Appearance (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 72/05
LOWER COURT JUDICIAL OFFICER : P Russell LCM
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