NSW Caselaw
New South Wales Supreme Court
CITATION : Arnoldus-Lewis v Murphy [2008] NSWSC 1103
HEARING DATE(S) : 19 May 2008
JUDGMENT DATE : 23 October 2008
JUDGMENT OF : McCallum J
DECISION : Pursuant to s 75(1)(a) of the Local Court Act, the terms of the judgment given 24 January 2008 are varied to delete the provision for payment of expenses in the sum of $4313 and substitute provision for the payment of issue and service fees of $221 so that the varied order is judgment for the plaintiff in the total sum of $3561.06.
CATCHWORDS : Appeal from Local Court against award for "expenses" of travel and time lost - power to award expenses in Small Claims Division - relationship between "jurisdiction" and "power"
Civil Procedure Act 2005 Contracts Review Act 1980 Legal Profession Act 1987 Legal Profession Act 2004 LEGISLATION CITED : Legal Profession Regulation 2005 Local Courts Act 1982 Local Courts (Civil Claims) Act 1970 Local Courts (Civil Procedure) Rules 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
ASIC v Edensor Nominees Pty Limited [2001] 204 CLR 559 Cachia v Hanes (1993) 179 CLR 403 Craig v South Australia (1995) 184 CLR 163 CASES CITED : Harris v Caladine (1991) 172 CLR 84 John Fairfax & Sons v Police Tribunal (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512 Kells v Waters [2007] NSWSC 885
Lynette Arnoldus-Lewis (1st plaintiff) PARTIES : Aaldrick Arnoldus (2nd plaintiff) Partick F. Murphy trading as North Coast Investigations (Defendant)
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