NSW Caselaw
Reported Decision : 74 NSWLR 77
New South Wales Supreme Court
CITATION : Suburban Towing & Equipment Pty Ltd v Suttons Motor Finance Pty Limited [2008] NSWSC 1346
HEARING DATE(S) : 21 November 2008
JUDGMENT DATE : 19 December 2008
JUDGMENT OF : Hoeben J
DECISION : Appeal dismissed. The plaintiff is to pay the defendant's costs of the Supreme Court proceedings.
CATCHWORDS : Appeal from Local Court - whether owner of motor vehicle obliged under Tow Truck Industry Act 1998 to pay charges of tow truck operator - whether on appeal from the Local Court a new point of law can be raised - exercise of discretion to allow new point to be raised - whether facts gave rise to restitutionary principles.
LEGISLATION CITED : Local Courts Act 1982 Tow Truck Industry Act 1998
CATEGORY : Principal judgment
Coulton v Holcombe (1986) 162 CLR 1 at 7 CASES CITED : Lumbers v W Cook Builders Pty Limited (in liq) [2008] HCA 27; (2008) 82 ALJR 1037 at [80] Surrey Breakdown Limited v Knight [1999] RTR 84 Suttor v Gundowda Pty Limited (1950) 81 CLR 418 at 438
TEXTS CITED : Bowstead and Reynolds on Agency (16th ed 1996) at 156 Goff & Jones, The Law of Restitution (4th ed, 1993)
PARTIES : Suburban Towing & Equipment Pty Ltd - Plaintiff Suttons Motor finance Pty Limited - Defendant/Cross-Claimant
FILE NUMBER(S) : SC 11664/2008
COUNSEL : Mr R C Scruby - Plaintiff Mr G K Burton SC - Defendant/Cross-Claimant
SOLICITORS : Hills Legal - Plaintiff Richard Harvey & Associates - Defendant/Cross-Claimant
LOWER COURT JURISDICTION : Local Court
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