NSW Caselaw
New South Wales Supreme Court
CITATION : Care Park Pty Ltd v Universal One Communication Pty Limited & Anor [2009] NSWSC 1405
HEARING DATE(S) : 9 December 2009
JUDGMENT DATE : 18 December 2009
JUDGMENT OF : Hoeben J
Verdict in favour of the plaintiff against the first defendant in the sum of $12,329.63. DECISION : Verdict in favour of the second defendant. The parties are each to pay their or his own costs of these proceedings.
CATCHWORDS : CONTRACT - car park - whether contract entered into - whether plaintiff entitled to liquidated damages for failure of vehicle owner to pay parking fee - TORT - whether claim in trespass available to car park operator - whether claim for aggravated damages available - failure to plead relief sought in originating process - INJUNCTION - whether damages and adequate remedy - whether grounds for injunctive relief established - COSTS - claim inappropriate for Supreme Court - exercise of costs discretion - CORPORATIONS - effect of corporation being deregistered on relief claimed.
LEGISLATION CITED : Corporations Act 2001 (Cth) District Court Act 1973
CATEGORY : Principal judgment
Balmain New Ferry Co Ltd v Robertson (1906) 4 CLR 379 CASES CITED : Barker v R (1983) 153 CLR 338 New South Wales v Ibbett (2006) 229 CLR 638
Care Park Pty Ltd - Plaintiff PARTIES : Universal One Communication Pty Limited - First Defendant Josef Alexander - Second Defendant
FILE NUMBER(S) : SC 11310/2009
COUNSEL : Mr J Stoljar SC/Mr P Reynolds - Plaintiff Self represented - First and Second Defendants
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