BDS Recruit Pty Limited v Parris & Shah Pty Limited [2008] NSWSC 614

New South Wales Supreme Court

CITATION : BDS Recruit Pty Limited v Parris & Shah Pty Limited [2008] NSWSC 614 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 12 June 2008

JUDGMENT DATE : 19 June 2008

JUDGMENT OF : Smart AJ at 1

DECISION : See para 44

CATCHWORDS : Appeal from Local Court - Construction and Application of Migration Act 1958, Part 3 ss 276, 280 and 281 - Magistrate erred by failing to take into account relevant evidence - UCPR 50.16 provides for re-hearing - Company not able to be registered as migration agent but providing immigration assistance

LEGISLATION CITED : Migration Act 1958

CATEGORY : Principal judgment

CASES CITED : House v The King (1936) 55 CLR 499 at 505

PARTIES : BDS Recruit Pty Limited v Parris & Shah Pty Limited

FILE NUMBER(S) : SC 10166/08

COUNSEL : Mark Walsh (for BDS) N/A for Parris & Shah

SOLICITORS : Porter Davies (for BDS) N/A for Parris & Shah

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 9918/06

LOWER COURT JUDICIAL OFFICER : Magistrate O'Shane

LOWER COURT DATE OF DECISION : 19/12/07

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SMART AJ

Thursday, 19 June 2008

10166/08: BDS RECRUIT PTY LIMITED ("BDS") v PARRIS & SHAH PTY LIMITED ("P & S")

JUDGMENT

1 BDS seeks to set aside the Local Court verdict and judgment for P & S for $33,593.17 plus interest from 11 October 2006 and the order that BDS pay the costs of P & S of the Local Court proceedings. BDS claims that the magistrate made sundry errors of law. They include taking into account material that was not in evidence before her, misconstruing and misapplying the Migration Act 1958, not taking into account certain material evidence misunderstanding and misapplying certain contractual principles and wrongly determining the applicable measure of damages.