NSW Caselaw
New South Wales Supreme Court
CITATION : Vrahnos v Ozbrand [2007] NSWSC 791
HEARING DATE(S) : 17 July 2007
JUDGMENT DATE : 23 July 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The decision of His Honour Lulham LCM made on 18 October 2006 is affirmed; (3) The summons filed 13 November 2006 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal - Local Court Magistrate's decision - weight given to expert evidence
Civil Procedure Act 2005 (NSW) - s 60 LEGISLATION CITED : Evidence Act 1995 (NSW) - s 79 Local Courts Act 1982 (NSW) - s 73
Hevi Lift (PNG) Ltd v Etherington [2005] NSWCA 42 CASES CITED : Lambros v Riethmuller (Local Court, 4 October 2006, unreported) Makita v Sprowles (2001) 52 NSWLR 705 Sydneywide Distributors v Red Bull Australia Pty Ltd (2002) 55 IPR 354
PARTIES : Nick Vrahnos - Plaintiff Ozbrand Pty Ltd - Defendant
FILE NUMBER(S) : SC 15514/2006
COUNSEL : Mr M Cashion SC with Mr K J Manion - Plaintiff Mr T Alexis SC with Mr J Gruzman
SOLICITORS : CKB Partners - Plaintiff Mason Black Lawyers - Defendant
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 6956/2005
LOWER COURT JUDICIAL OFFICER : Lulham LCM
LOWER COURT DATE OF DECISION : 18 October 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
ASSOCIATE JUSTICE HARRISON
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