McDonald v Price [2011] NSWSC 70

Supreme Court New South Wales

Medium Neutral Citation: McDonald v Price [2011] NSWSC 70 Hearing dates: 10 February 2011 Decision date: 24 February 2011 Jurisdiction: Common Law Before: Davies J Decision: (1) Leave to appeal refused. (2) The Summons is otherwise dismissed. (3) The Plaintiff is to pay the Defendant's costs. Catchwords: PROCEDURE - costs - appeal as to costs - Plaintiff claims damages for assault in the General Division of the Local Court - award of damages less than the jurisdiction of the Small Claims Division - Magistrate assesses costs summarily - whether Magistrate bound under Practice Note to refer costs for assessment. APPEAL AND NEW TRIAL - leave to appeal required - what must be shown for leave to be granted - status of Practice Note - subservience of Practice Note to Civil Procedure Act and Rules of Court - no matter of public importance shown. Legislation Cited: Civil Procedure Act 2005 Legal Profession Regulation 2005 Local Court Act 2007 Cases Cited: Ashi Pty Limited trading as LJ Hooker Commercial Liverpool v Karasco Investments Pty Ltd [2009] NSWSC 780 Carey v Robson & Anor; Nicholls v Robson & Anor (No 2) [2009] NSWSC 1199 Halpin & Ors v Lumley General Insurance Ltd [2009] NSWCA 372 Kelly v Norris & 1 Ors [2004] NSWCA 260 Smoker v Pharmacy Restructuring Authority (1994) 125 ALR 577 Texts Cited: Pearce & Geddes, Statutory Interpretation in Australia, 5th ed, Sydney, Butterworths (2001) Category: Principal judgment Parties: Anthony Charles McDonald (Plaintiff) Gregory Price (Defendant) Representation: Counsel: S A Benson (Plaintiff) A Combe (Defendant) Solicitors: Kelso's The Law Firm (Plaintiff) Rankin Nathan Lawyers (Defendant) File Number(s): 2010/296913 Decision under appeal Date of Decision: 2010-08-05 00:00:00 Before: Magistrate Truscott