NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: POOL DATA SYSTEMS PTY LIMITED v BAYLISS & ANOR [2011] NSWSC 224 Hearing dates: Wednesday 2 February 2011 Decision date: 31 March 2011 Before: Hall J Decision: (1) Appeal allowed. (2) An order pursuant to s.41(1)(b) of the Local Court Act 2007 setting aside the orders made by the Local Court of NSW at Forster in proceedings No 85 of 2008. (3) An order in favour of the plaintiff against the defendant in the amount of $4,705.50. Catchwords: ADMINISTRATIVE LAW - appeal from Local Court - certiorari - whether Magistrate made a finding not before the Local Court - error of law - whether plaintiff entitled to fees for allegedly defective and "wildly inaccurate" building report - whether defendant induced to engage plaintiff by false misrepresentation qualifications, when not pleaded, an error of law - undesirable for matter to be referred back to the Local Court - no formal agreement for works - quantum meruit - reasonable costs and expenses Legislation Cited: Fair Trading Act 1987 Home Building Act 1989 Home Building Regulation 2004 Local Court Act 2007 Supreme Court Act 1970 Trade Practices Act 1974 (Cth) Cases Cited: Darkinjung Local Aboriginal Land Council v Darkinjung Pty Limited (in liq) [2010] NSWCA 351 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 Lumbers v W Cook Builders Pty Limited (in liq) [2008] HCA 27; (2008) 232 CLR 635 Pacific Asia Express Pty Limited v Renegade Gas Pty Limited [2010] NSWSC 1188 Riverside Motors Pty Limited v Abrahams [1945] VLR 45 Thaina Town (On Goulburn) Pty Limited v City of Sydney Council (2007) 71 NSWLR 230 US Manufacturing Co Pty Limited v ABB Service Pty Limited [2008] NSWSC 705 Texts Cited: Halsbury's Laws of Australia, Assessment of Quantum Category: Principal judgment Parties: POOL DATA SYSTEMS PTY LIMITED v NOEL BAYLISS & ANOR Representation: P: D C Price D: In person P: Mark M Morris 1D: In person 2D: I V Knight (Submitting appearance) File Number(s): 2010/208402
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