NSW Caselaw
New South Wales Supreme Court
CITATION : Khamas v Anton [2008] NSWSC 975
HEARING DATE(S) : 16 September 2008
JUDGMENT DATE : 23 September 2008
JURISDICTION : 11481/2008
JUDGMENT OF : Harrison AsJ
(1) Leave to appeal is granted. (2) The appeal is dismissed. DECISION : (3) The decision of his Honour Magistrate Heilphern dated 6 March 2008 is affirmed. (4) The summons filed 4 April 2008 is dismissed. (5) The plaintiffs' are to pay the defendants' costs as agreed or assessed.
CATCHWORDS : APPEAL - Local Court Magistrate - whether proceedings were settled
LEGISLATION CITED : Civil Procedure Act 2005 Local Courts Act 1982
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 CASES CITED : Devries v Australian National Railways Commission (1993) 177 CLR 472 Networth Pty Ltd v Sensis Pty Ltd (No 2) [2007] NSWCA 268 R L & D Investments Pty Ltd v Bisby [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
John Khamas (First Plaintiff) PARTIES : Margarit Khamas (Second Plaintiff) Wisam Anton (Frist Defendant) Soham Anton (Second Defendant)
FILE NUMBER(S) : SC 11481/2008
COUNSEL : P Becker (Plaintiffs) W Carney (Defendants)
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