Rahman v Antonio [2009] NSWSC 1346

New South Wales Supreme Court

CITATION : Rahman v Antonio [2009] NSWSC 1346

HEARING DATE(S) : 30 November 2009

JUDGMENT DATE : 7 December 2009

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) Leave to appeal a question of mixed fact and law is refused. DECISION : (2) The appeal is dismissed. (3) The amended summons filed 17 July 2009 is dismissed. (4) The plaintiff is to pay the defendants' costs as agreed or assessed.

CATCHWORDS : APPEAL AND NEW TRIAL - appeal - general principles - interference with discretion of court below - appeal from Local Court Order pursuant to ss 6, 7 and 8 of the Dividing Fences Act1991 - ss 39, 40 and 41 Local Court Act 2007 - QUESTION OF LAW - question of procedural fairness - mixed question of law and fact - leave to appeal a question of mixed fact and law refused - no denial of procedural fairness - appeal dismissed

LEGISLATION CITED : Dividing Fences Act 1991 Local Court Act 2007

CATEGORY : Principal judgment

Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Carr v Neill [1999] NSWSC 1263 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED : Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 R L & D Investments Pty Ltd v Bibsy [2002] NSWSC 1082; (2002) 37 MVR 479 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 ALR 588 Swain v Waverley Municipal Council [2005] 220 CLR 517 Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405