NSW Caselaw
New South Wales Supreme Court
CITATION : Del Duca v McElwaine [2006] NSWSC 514
JUDGMENT DATE : 1 June 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of Magistrate Morahan dated 8 December 2005 is affirmed; (2) The appeal is dismissed; (3) The amended summons dated 23 May 2006 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - denial of natural justice - vet fees
LEGISLATION CITED : Local Courts Act 1987 (NSW) - ss 73 & 75
Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 CASES CITED : Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Wende v Finney [2005] NSWSC 927
Anthony Del Duca t/as Del Duca Thoroughbreds PARTIES : (Plaintiff)
Paul Gerard McElwaine t/as Hamilton South Equine Hospital
FILE NUMBER(S) : SC 10048/2006
Mr H J A Neal (Plaintiff) COUNSEL : Mr A J Bulley (Defendant)
Henry Davis York (Plaintiff) SOLICITORS : McDonald Johnson Lawyers (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 61/2006
LOWER COURT JUDICIAL OFFICER : Morahan LCM
LOWER COURT DATE OF DECISION : 8 December 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
THURSDAY, 1 JUNE 2006
10048/2006 - ANTHONY DEL DUCA t/as DEL DUCA THOROUGHBREDS v PAUL GERARD McELWAINE t/as HAMILTON SOUTH EQUINE HOSPITAL
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