NSW Caselaw
New South Wales Supreme Court
CITATION : Gorczynski v Holden [2008] NSWSC 334
HEARING DATE(S) : 09/04/2008
JUDGMENT DATE : 17 April 2008
JUDGMENT OF : Hoeben J at 1
DECISION : The summons is dismissed. The plaintiff is to pay the defendants' costs assessed at $9,325. In respect of the adjourned hearing date of 17 March 2008 each party is to pay his or its own costs.
CATCHWORDS : Appeal from Small Claims Division of Local Court - challenge to conditions imposed for the setting aside of default judgments and the order for costs - power of Local Court in its Small Claims Division to award costs - power of Local Court in its Small Claims Division to order payment into court as a condition of setting aside a default judgment.
Civil Procedure Act 2005 Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Legal Profession Regulations 2002 Local Courts Act 1982 Uniform Civil Procedure Rules 2005
CASES CITED : Grassby v R (1999) 168 CLR 1 at 636-7
PARTIES : Peter Francis Gorczynski - Plaintiff Michael Geoffrey Anthony Holden, Stephen Edward Martin, Ian John Benecke and Brenden John Miller trading as Garland Hawthorn Brahe - Defendants
FILE NUMBER(S) : SC 11838/2007
COUNSEL : Ms N Obrart - Plaintiff Mr R Harper SC - Defendants
SOLICITORS : Kent Attorneys - Plaintiff Garland Hawthorn Brahe - Defendants
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 6511/2005
LOWER COURT JUDICIAL OFFICER : Lulham LCM
LOWER COURT DATE OF DECISION : 15 March 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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