NSW Caselaw
New South Wales Supreme Court
CITATION : Lal v Patel [2010] NSWSC 390
HEARING DATE(S) : 26 March 2010, 8 and 15 April 2010, 7 May 2010
JUDGMENT DATE : 24 June 2010
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The decision of his Honour Magistrate Heilpern dated 24 July 2009 is affirmed. DECISION : (2) The amended summons filed 19 October 2009 is dismissed. (3) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : APPEAL - Mixed fact and law - Appeal against decision of New South Wales Local Court - Calculation of interest
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 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 CASES CITED : Devries v Australian National Railways Commission (1993) 177 CLR 472 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 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 : Hasmukh Lal (Plaintiff) Jaswanti (aka Jenny) Patel (Defendant)
FILE NUMBER(S) : SC 2009/295921
COUNSEL : 7 May 2010 M Duncan ( Plaintiff)
SOLICITORS : H Lal (Plaintiff in person) J Patel (Defendant in person)
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