NSW Caselaw
New South Wales Supreme Court
CITATION : Atkinson v State of New South Wales [2006] NSWSC 1083
HEARING DATE(S) : 25 September 2006
JUDGMENT DATE : 13 October 2006
JURISDICTION : Common Law
JUDGMENT OF : Price J
DECISION : 1. The appeal against the orders made by Associate Judge Harrison on 21 March 2006 is dismissed.; 2. The defendant is to pay the plaintiffs' costs of the appeal.
CATCHWORDS : Appeal from decision of Associate Justice on separate determination of issues - bushfires
Uniform Civil Procedure Rules 2005 (NSW) Rule 28.2, Part 49.4, 49.12 LEGISLATION CITED : Crown Proceeding Act 1988 (NSW) Section 5 Civil Procedure Act 2005 (NSW) Supreme Court Rules Part 31, Rule 2
Fleet v Royal Society for the Prevention of Cruelty to Animals NSW [2005] NSWSC 926 Warren v Coombes (1979) 142 CLR 531 Do Carmo v Ford Excavations Pty Limited [1981] 1 NSWLR 409 Idoport Pty Ltd v National Australia Bank Limited [2000] NSWSC 1215 Dunstan v Simmie & Co Pty Ltd [1978] VR 699 CASES CITED : House v The King (1936) 55 CLR 499 Tepko Pty Ltd v Water Board (2001) 206 CLR 1 Pioneer Park Pty Limited v ANZ Banking Group Limited [2005] NSWSC 832 Admiral 1 Pty Ltd v Leighton Contractors Pty Ltd [2005] NSWSC 1105 Tallglen Pty Limited v Pay TV Holdings Pty Limited (1996) 22 ACSR 130 ABB Engineering Construction Pty Ltd v Freight Rail Corporation [1999] NSWSC 103 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 44
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