NSW Caselaw
New South Wales Supreme Court
CITATION : Neale v Gadens Lawyers Sydney Pty Ltd [2009] NSWSC 910
HEARING DATE(S) : 2 September 2009
JUDGMENT DATE : 2 September 2009
JURISDICTION : Common Law
JUDGMENT OF : Price J
EX TEMPORE JUDGMENT DATE : 2 September 2009
1. The order made by O'Shane LCM on 19 February 2009 striking out the appellant's amended defence is set aside. DECISION : 2. The order made by O'Shane LCM on 19 February 2009 entering judgment for the respondent in the sum of $22,638.77 plus costs is set aside. 3. The proceedings are remitted back to the Local Court at the Downing Centre to be heard and determined according to law. 4. The respondent is to pay the applicant's legal costs of the appeal. The respondent is to have an indemnity certificate under s 6 of the Suitors Fund Act 1951
CATCHWORDS : Common Law - Local Court appeal - whether error in striking out defence - whether error in entering summary judgment
LEGISLATION CITED : Local Court Act 2007 s 39(1)
CATEGORY : Principal judgment
CASES CITED : Critchley v Conway [2009] NSWCA 217 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
PARTIES : James Neale (Appellant) Gadens Lawyers Sydney Pty Ltd (Respondent)
FILE NUMBER(S) : SC 2009/11510
SOLICITORS : James Neale (in person) Ms James
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 2008/5767
LOWER COURT JUDICIAL OFFICER : O'Shane LCM
LOWER COURT DATE OF DECISION : 19 February 2009
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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