NSW Caselaw
New South Wales Court of Appeal
CITATION: EDWARDS v SYDNEY BUILDING GROUP PTY LTD [2010] NSWCA 185
HEARING DATE(S): 3 August 2010
JUDGMENT DATE: 3 August 2010
JUDGMENT OF: Basten JA at 1
EX TEMPORE JUDGMENT DATE: 3 August 2010
(1) Stand the matter over for a period of 14 days to allow the applicants to consider whether to amend the present summons so as to seek alternative relief and to allow the respondent to consider its position in relation to the competency of the appeal. DECISION: (2) Grant the applicants leave to amend their summons within that period, if so advised. (3) The costs of today will be costs in the proceedings.
CATCHWORDS: APPEAL – civil – right to appeal from decision of District Court on an appeal from the Consumer, Trader and Tenancy Tribunal - WORDS & PHRASES – "action"
Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67 LEGISLATION CITED: District Court Act 1973 (NSW), ss 44, 127 Supreme Court Act 1970 (NSW), s 69
CATEGORY: Procedural and other rulings
Chand v Lifestyle Homes NSW Pty Ltd [2010] NSWCA 135 CASES CITED: Clutha Developments Pty Ltd v Barry (1989) 18 NSWLR 86 Druett v The Director-General of Community Services [2001] NSWCA 126
David Antony Edwards – First Applicant PARTIES: Leigh Edwards – Second Applicant Sydney Building Group Pty Ltd - Respondent
FILE NUMBER(S): CA 2010/56313
COUNSEL: J Gruzman – Applicants D Fitzpatrick (Solicitor) - Respondent
SOLICITORS: MasseyBailey Solicitors & Consultants – Applicants Gadens - Respondent
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