NSW Caselaw
New South Wales Supreme Court
CITATION : Araise Group v Residential Lifestyles [2010] NSWSC 46
HEARING DATE(S) : 2 February 2010
JUDGMENT DATE : 12 February 2010
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The decision of her Honour Magistrate Tabbaa dated 12 June 2009 is affirmed. DECISION : (2) The appeal is dismissed. (3) The summons filed 9 July 2009 is dismissed. (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : APPEAL AND NEW TRIAL - Appeal - Question of law - Where Magistrate found for defendant on every issue - Whether there was error of law
LEGISLATION CITED : Local Court Act 2007
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 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
PARTIES : Araise Group Pty Ltd (ACN 125 031 370) (Plaintiff) Residential Lifestyles Pty Ltd (ACN 058 306 675) (Defendant)
FILE NUMBER(S) : SC 2009/295224
COUNSEL : K Welshman (Plaintiff) G Niven (Defendant)
SOLICITORS : Austin Haworth & Lexon Legal (Plaintiff) Wood Marshall Williams (Defendant)
LOWER COURT JURISDICTION : Local Court
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