ICTA Investments Pty. Ltd. trading as Jolly Roger & Anor. v. GE Commercial Corporation (Australia) Pty. Ltd. & Anor.(No. 2) [2006] NSWCA 341

New South Wales Court of Appeal

CITATION: ICTA Investments Pty. Ltd. trading as Jolly Roger & Anor. v. GE Commercial Corporation (Australia) Pty. Ltd. & Anor.(No. 2) [2006] NSWCA 341

HEARING DATE(S): Dealt with on written material in Chambers

JUDGMENT DATE: 7 December 2006

JUDGMENT OF: The Court at 1

DECISION: 1. The orders of Associate Justice Malpass made on 11 July 2005 in Supreme Court Proceedings 14232/04 are set aside, and in lieu thereof the following orders are made: (i) The appeal to the Supreme Court by the Appellants against the orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 is allowed; (ii) The orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 are set aside, and in lieu thereof judgment is entered against the First Respondent: (a) in favour of the First Appellant in the amount of $2,067.52, with interest in the amount of $741.87, and with costs; and (b) in favour of the Second Appellant, with costs. 2. The First Respondent is to pay the Appellants' costs of Supreme Court Proceedings 14232/04. 3. The First Respondent is to pay the Appellants' costs of this appeal, including the application for leave to appeal.

CATCHWORDS: CONTRACT - Orders giving effect to decision [2006] NSWCA 290

ICTA Investments Pty. Ltd. trading as Jolly Roger - 1st appellant PARTIES: Donald Steven Raice - 2nd appellant GE Commercial Corporation (Australia) Pty. Ltd - 1st respondent D. Huber, Local Court Magistrate - 2nd respondent

FILE NUMBER(S): CA 40635/05

Mr. J. Horowitz for the appellants COUNSEL: Mr. P. Newton for 1st respondent Submitting appearance for 2nd respondent