NSW Caselaw
New South Wales Supreme Court
CITATION : Vero Insurance Limited v Williams and Anor [2010] NSWSC 858
HEARING DATE(S) : 2 August 2010
JUDGMENT DATE : 13 August 2010
JUDGMENT OF : Schmidt J
DECISION : Leave to appeal refused. Plaintiff to bear costs, as agreed or assessed.
CATCHWORDS : APPEAL - leave to appeal and appeal orders made from s 20 of the Service and Execution of Process Act 1992 (Cth) staying proceedings in Local Court - Guarantee and Indemnity - whether Supreme Court of Queensland appropriate Court to determine matters raised in Local Court proceedings - whether Queensland proceedings and Local Court proceedings separate or distinct - whether there was an error in exercising the discretion - whether there was failure to take into account or giving sufficient weight to relevant matters - whether there were material errors of fact - whether irrelevant matters were taken into account - no errors shown - leave to appeal refused - costs
Local Courts Act 2007 LEGISLATION CITED : Service and Execution of Process Act 1992 (Cth) Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
House v King [1936] HCA 40; (1936) 55 CLR 499 Julia Farr Services Inc v Hayes [2003] NSWCA 37; (2003) 25 NSWCCR 138 CASES CITED : Meriton Apartments Pty Ltd v GNC Assets Pty Ltd (2003)1 DCLR (NSW) 207 Queensland Rail v Irving & Others (2004) 1 DDCR 578 Reliance Developments (NSW) Pty Limited v Lumley General Insurance Limited [2008] NSWCA 172 Wood Hall Ltd v Pipeline Authority [1979] HCA 21; (1979) 141 CLR 443
Vero Insurance Limited - Plaintiff PARTIES : Kevan Charles Williams - First Defendant Marlene Rae Williams - Second Defendant
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