NSW Caselaw
New South Wales Supreme Court
CITATION : RTA of NSW v Rolfe (No 2) [2010] NSWSC 816
HEARING DATE(S) : 19 July 2010
JUDGMENT DATE : 27 July 2010
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The appeal is upheld in part. DECISION : (2) The judgment contained in paragraph (2) of the orders made by her Honour Magistrate Freund on 3 August 2009 is set aside. (3) The judgment contained in paragraph (2) made by her Honour Magistrate Freund on 15 June 2009 is affirmed. (4) The judgment of her Honour Magistrate Freund contained in paragraph (1) of the orders dated 15 June 2009 and repeated in paragraph (1) of the orders made on 3 August 2009 are affirmed.
CATCHWORDS : ORDERS and COSTS
Civil Liability Act 2002 LEGISLATION CITED : Civil Procedure Act 2005 Roads Act 1993
CATEGORY : Principal judgment
Dodds Family Investments Pty Ltd v Lane Industries Pty ltd (1993) 26 IPR 261 Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 CASES CITED : James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Madden (in his capacity as Official Liquidator of Aquanaut Constructions Pty Ltd (in Liq)) v McConnell [2001] NSWSC 1051 Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (Supreme Court of New South Wales, 3 June 1998, unreported) Waters v PC Henderson (Australia) Pty Ltd (1994) 254 ALR 328; [1994] NSWCA 338
PARTIES : Roads & Traffic Authority of New South Wales (Plaintiff) Russell Clift Rolfe (Defendant)
FILE NUMBER(S) : SC 2009/295227
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