NSW Caselaw
New South Wales Supreme Court
CITATION : Marshall v Goode [2008] NSWSC 1025
HEARING DATE(S) : 26 September 2008
JUDGMENT DATE : 3 October 2008
JUDGMENT OF : Fullerton J
DECISION : 1. The appeal is dismissed. 2. The plaintiffs to pay the defendant's costs.
CATCHWORDS : APPEAL FROM LOCAL COURT - error of mixed fact and law - appeal out of time - leave to set aside default judgment
LEGISLATION CITED : Local Court Act 2007 Local Courts (Civil Claims) Act 1970
CATEGORY : Principal judgment
Garry Marshall (First plaintiff) PARTIES : Kerrie Marshall (Second plaintiff) Jason Anthony Goode (Defendant)
FILE NUMBER(S) : SC 2008/10631
First plaintiff in person COUNSEL : Second plaintiff in person Defendant in person
First plaintiff in person SOLICITORS : Second plaintiff in person Defendant in person
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 22/03
LOWER COURT DATE OF DECISION : 24 April 2004
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CIVIL LIST
FULLERTON J
3 OCTOBER 2008
2008/10631 GARRY MARSHALL AND ANOR v JASON ANTHONY GOODE
JUDGMENT 1 HER HONOUR: By notice of appeal dated 7 May 2008, the plaintiffs seek leave to appeal from a decision of the Temora Local Court of 24 April 2004 dismissing a notice of motion filed with the Local Court on 2 April 2004 ("the 2004 notice of motion"). The orders sought by motion were as follow: 1. That a default judgment entered on 16 May 2003 be set aside.
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