NSW Caselaw
New South Wales Supreme Court
CITATION : Dawson v Commonwealth Bank [2007] NSWSC 887
HEARING DATE(S) : 10 August 2007
JUDGMENT DATE : 15 August 2007
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The decision of His Honour Garbett LCM made on 9 March 2007 is affirmed; (3) The summons filed 27 March 2007 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal decision of Local Court Magistrate - payment of debt
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) - s 38 Local Courts Act 1982 (NSW) - s 73
Allen v Kerr & Anor [1995] Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 CASES CITED : Carr v Neill [1999] NSWSC 1263 Devries v Australian National Railways Commission (1993) 177 CLR 472 R L & D Investments Pty Ltd v Bisby 920020 37 MVR 479 [2002] NSWSC 1082 Swain v Waverley Municipal Council (2005) 220 CLR 517
PARTIES : Rosemary Teresa Dawson - Plaintiff Commonwealth Bank of Australia - Defendant
FILE NUMBER(S) : SC 11581/2007
COUNSEL : Mr M Izzo
SOLICITORS : Home Wilkinson Lowry, Lawyers - Defendant Ms R T Dawson - Plaintiff in person
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 78985/2006
LOWER COURT JUDICIAL OFFICER : Garbett LCM
LOWER COURT DATE OF DECISION : 9 March 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
WEDNESDAY, 15 AUGUST 2007
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