NSW Caselaw
New South Wales Supreme Court
CITATION : WAGGA ROAD PROPERTIES PTY LIMITED & ORS v SMITH & ANOR [2008] NSWSC 1410
HEARING DATE(S) : 5 December 2008 JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 5 December 2008
DECISION : Appeal dismissed Plaintiffs to pay the Defendant's costs but counsel's fees on the basis of junior's fees
CATCHWORDS : Proceedings undertaken with authority by one party in name of another - nature of authority - action successful - order for costs - whether principal party can agree with defendant not to execute order without consent of suing party - error of law in Local Court - conclusion correction undisputed facts - whether appeal can be dismissed
LEGISLATION CITED : Local Courts Act 1982 Trade Practices Act 1974
CATEGORY : Principal judgment
CASES CITED : Thaina Town (on Goulburn) Pty Limited v City of Sydney [2007] NSWCA 300 Klesteel Pty Ltd v Mantzauranis [2008] NSWSC 194
Wagga Road Properties Pty Ltd (First Plaintiff) Margaret Anne Wikramanayake (Second Plaintiff) PARTIES : Prenitha Srimath Wikramanayake (Third Plaintiff) David Smith (First Defendant) John James (Second Defendant)
FILE NUMBER(S) : SC 2007/16241
COUNSEL : P Bolster (Plaintiffs) G A Sirtes SC (Defendants)
SOLICITORS : Verekers (Plaintiffs) The Law Company Pty Ltd (Defendants)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 3038/07
LOWER COURT JUDICIAL OFFICER : Bradd LCM
LOWER COURT DATE OF DECISION : 14 November 2007
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