Advanced Timber & Hardware (Superstore) Pty Ltd v Nikola Kovacevic [2011] NSWSC 366

Supreme Court New South Wales

Medium Neutral Citation: Advanced Timber & Hardware (Superstore) Pty Ltd v Nikola Kovacevic [2011] NSWSC 366 Hearing dates: 27 April 2011 Decision date: 04 May 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The appeal is dismissed. (2) The decision of her Honour Magistrate Longley dated 22 July 2010 is affirmed. (3) The summons filed 29 October 2010 is dismissed. (4) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL - civil - evidence - admission of evidence - whether defendant's affidavit complied with rule 35.7 UCPR - whether defendant was able to understand written English. Legislation Cited: Local Court Act 2007 Oaths Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Coulton v Holcombe (1986) 162 CLR 1 Liftronic Pty Ltd v Unver (2001) 75 ALJR 867; 179 ALR 321 R v Birks (1990) 19 NSWLR 677 Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 at 483; 60 ALR 68 Water Board v Moustakas (1988) 180 CLR 491 Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) 77 ALJR 1598 Category: Principal judgment Parties: Advanced Timber & Hardware (Superstore) Pty Ltd (Plaintiff) Nikola Kovacevic (Defendant) Representation: Counsel: D Ash (Plaintiff) S W Balafoutis (Defendant) Solicitors: Joe Weller (Plaintiff) Wight & Strickland (Defendant) File Number(s): 2010/359413