Ciszek v Enterprise Financial Solutions Pty Limited [2010] NSWSC 1265

New South Wales Supreme Court

CITATION : Ciszek v Enterprise Financial Solutions Pty Limited [2010] NSWSC 1265

HEARING DATE(S) : 26 October 2010

JUDGMENT DATE : 4 November 2010

JUDGMENT OF : Schmidt J

1. Leave to appeal is granted and the appeal upheld. 2. The judgment of the Local Court given on 9 June 2010 is set aside. DECISION : 3. I note the terms of the agreement reached between the parties in settlement of the proceedings in the Local Court, namely that the defendant is to retain possession of and have title to 4 plasma television sets upon payment of the agreed sum of $500. 4. The plaintiff is to pay the defendant's costs of the motion of 26 February 2010, as agreed or assessed. 5. The proceedings in the Local Court are to be discontinued with no order as to costs. 6. The defendant is to pay the plaintiff's costs of this appeal, as agreed or assessed.

CATCHWORDS : APPEAL AND NEW TRIAL - appeal - practice and procedure - appeal from Local Court - sections 39 and 40 of the Local Court Act 2007 - whether judgment appealed against was an interlocutory judgment requiring leave - leave required on appeal from interlocutory judgment, even when raising questions of law - leave granted - whether Magistrate erred in conclusion reached as to the effect of an alleged settlement agreement - whether Magistrate further erred in failing to determine that a binding agreement had been reached - section 73 of the Civil Procedure Act 2005 - nature of agreement - whether evidence established agreement reached - binding agreement established - appeal upheld - costs

Civil Procedure Act 2005 LEGISLATION CITED : Local Court Act 2007 Trade Practices Act 1974 (Cth)