NSW Caselaw
New South Wales Supreme Court
CITATION : Searston & Anor v Hawkesbury Equine Veterinary Centre [2006] NSWSC 521
HEARING DATE(S) : 26 May 2006
JUDGMENT DATE : 5 June 2006
JURISDICTION : Common Law
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) Leave to grant an extension of time to file the appeal is refused; (2) The appeal is dismissed; (3) The decision of the Magistrate made on 14 October 2005 is affirmed; (4) The summons filed 4 January 2006 is dismissed; (5) The plaintiffs are to pay the defendant's costs as agreed or asessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - Small Claims Division - vet fees - horse - impacted gut
LEGISLATION CITED : Local Courts Act 1982 (NSW) - ss 70 & 73
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
David Searston (First Plaintiff)
PARTIES : Natalie Searston (Second Plaintiff)
J Parbury & A Drew t/as Hawkesbury Equine Veterinary Centre (Defendant)
FILE NUMBER(S) : SC 10045/2006
Mr D Searston (Plaintiff in person) SOLICITORS : Mr J Parbury (Defendant in person)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 98/05
LOWER COURT JUDICIAL OFFICER : A Cullen LCM
LOWER COURT DATE OF DECISION : 14 October 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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