NSW Caselaw
New South Wales Supreme Court
CITATION : Five D v Impact Building [2007] NSWSC 993
HEARING DATE(S) : 15 August 2007
JUDGMENT DATE : 6 September 2007
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The decision of His Honour Magistrate Dillon made on 1 March 2007 is affirmed; (3) The summons filed 28 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 - abuse of process
LEGISLATION CITED : Local Courts Act 1982 - s 73 Uniform Civil Procedure Rules 2005 (NSW) - Rule 14.28(1)(c)
Allen v Kerr & Anor [1995] Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Carr v Neill [1999] NSWSC 1263 Cleary v Jeans 65 NSWLR 355; [2006] NSWCA 9 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED : Five D Pty Ltd v Impact Building Pty [2007] NSWLC 4 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 R L & D Investments Pty Ltd v Bisby (2002) 37 MVR 479; [2002] NSWSC 1082 Sea Culture International Pty Limited v Scoles (1991) 32 FCR 275 Secretary of State of Trade and Industry v Bairstow [2004] Ch1; [2004] 4 All ER 325 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 ALR 588
PARTIES : Five D Pty Limited - Plaintiff Impact Building Pty Limited - Defendant
FILE NUMBER(S) : SC 11617/2007
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