NSW Caselaw
New South Wales Supreme Court
CITATION : Pratt v Woolgoolga & District Retirement Village [2008] NSWSC 623
HEARING DATE(S) : 11 June 2008
JUDGMENT DATE : 1 July 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) An extension of time to file the appeal is granted. (2) Leave to appeal is granted. (3) The appeal is allowed. DECISION : (4) The decision of his Honour Magistrate Bailey dated 15 January 2008 is set aside. (5) The matter is remitted to the Local Court, Coffs Harbour to be determined according to law. (6) The defendant is to pay the plaintiffs' costs as agreed or assessed. (7) The defendant is to have a certificate under the Suitor's Fund Act, if applicable.
CATCHWORDS : APPEAL - Leave to appeal Local Court Decision - Summary Judgment
Aged Care Act 1997 (Cth) LEGISLATION CITED : Probate and Administration Act 1898 Suitor's Fund Act 1951 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 Clr 125 House v R (1936) 55 CLR 499
Wayne Anthony Pratt (First Plaintiff) PARTIES : Daniel Patrick Pratt ( Second Plaintiff) Woolgoolga & District Retirement Village Ltd (Defendant)
FILE NUMBER(S) : SC 10857/2008
COUNSEL : P Batley (Defendant)
SOLICITORS : W A Pratt (First plaintiff in person) Walsh & Associates (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 299/07
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