NSW Caselaw
New South Wales Court of Appeal
CITATION: Murphy v Arnoldus-Lewis & Anor [2009] NSWCA 142
HEARING DATE(S): On the papers
JUDGMENT DATE: 9 June 2009
JUDGMENT OF: Tobias JA at 1; Macfarlan JA at 2
DECISION: Summons for leave to appeal filed on 17 February 2009 is dismissed with costs.
CATCHWORDS: PROCEDURE - power to award costs - does not extend beyond legal professional costs to travel and other expenses of non-lawyer litigant - ADMINISTRATIVE LAW - judicial review - jurisdictional error - order made by Small Claims Division of Local Court without power
LEGISLATION CITED: Local Courts Act 1982
CATEGORY: Procedural and other rulings
Bakers Delight Holdings Limited v Industrial Court of New South Wales [2009] NSWCA 126 Cachia v Hanes [1994] HCA 14; (1993-4) 179 CLR 403 CASES CITED: Craig v South Australia [1995] HCA 58; (1994-5) 184 CLR 163 Kirk Group Holdings Pty Ltd v Workcover Authority of New South Wales [2006] NSWCA 172; (2006) 66 NSWLR 151 Lawrence v Nikolaidis & Co [2003] NSWCA 129; (2003) 57 NSWLR 355 The Queen v Gray; ex parte Marsh [1985] HCA 67; (1984-5) 157 CLR 351
Patrick F Murphy T/as North Coast Investigations (Applicant) PARTIES: Dr Lynette Arnoldus-Lewis (First Respondent) Aaldrick Arnoldus (Second Respondent)
FILE NUMBER(S): CA 40035/09
COUNSEL: In person (Applicant) Mr T Mehigan (Respondents)
SOLICITORS: In person (Applicant) Somerville Laundry Lomax (Respondents)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 10752/08
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