NSW Caselaw
New South Wales Court of Appeal
CITATION: Sant v Tsoutsas [2009] NSWCA 3
HEARING DATE(S): 31/10/08
JUDGMENT DATE: 30 January 2009
JUDGMENT OF: Beazley JA at 1; Bell JA at 2
1. Allow the appeal. DECISION: 2. Quash the orders made in the District Court and in lieu thereof direct that there be a new trial on the issue of damages. 3. The respondent is to pay the appellant's costs of the trial and of the appeal. In respect of the costs of the appeal, the respondent is to have a certificate under the Suitors' Fund Act 1951, if qualified.
CATCHWORDS: APPEAL – duty to give reasons – conflicting expert opinion – experts not called – duty not discharged
LEGISLATION CITED: Suitors' Fund Act 1951
CATEGORY: Principal judgment
CASES CITED: Ahmedi v Ahmedi (1991) 23 NSWLR 288 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; 60 NSWLR 127
PARTIES: Steven Sant (Appellant) Peter Tsoutsas (Respondent)
FILE NUMBER(S): CA 40473/07
Mr B Toomey QC / Mr SE McCarthy / Mr M Eirth (Appellant) COUNSEL: Mr B J Gross QC / Mr K Kelleher (Respondent)
SOLICITORS: Albert A Macri Partners (Appellant) Moray & Agnew (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2391 of 2005
LOWER COURT JUDICIAL OFFICER: Balla DCJ
LOWER COURT DATE OF DECISION: 13/6/07
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40473/07 DC 2391/05
BEAZLEY JA BELL JA
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