NSW Caselaw
New South Wales Supreme Court
CITATION : AIF Pty Ltd v Berry Hardware Store & Anor [2006] NSWSC 422
HEARING DATE(S) : 4 May 2006
JUDGMENT DATE : 15 May 2006
JURISDICTION : Common Law
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) An extension of time to file the appeal is granted; (2) The appeal is upheld; (3) The decision of his Honour Magistrate D Dick dated 27 October 2005 is set aside; (4) The matter is remitted to the Local Court to be determined according to law; (5) The defendants arte to pay the plaintiff's costs as agreed or assessed. The defendants are to have a certificate under the Suitor's Fund Act.
CATCHWORDS : Appeal Decision of Local Court Magistrate - lease ATM - agency ostensible authority
LEGISLATION CITED : Local Courts Act 1982 - ss 73, 75 Suitor's Fund Act
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 CASES CITED : Devries v Australian National Railways Commission (1993) 177 CLR 472 Freeman & Lockyer v Buckhurst Park Properties (Magnal) Ltd [1964] 2 QB 480 R L & D Investments Pty Ltd v Bisby (2002) 37 MVT 479 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1990) 160 ALR 588 Swain v Waverley Municipal Council [2005] HCA 4
Australian Integrated Finance Pty Ltd (Plaintiff) Berry Hardware Store Pty Ltd PARTIES : (First Defendant)
Warren John Baines (Second Defendant)
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