Hansen v Slattery Transport (NSW) Pty Ltd [2011] NSWCA 193

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hansen v Slattery Transport (NSW) Pty Ltd [2011] NSWCA 193 Hearing dates: 4 July 2011 Decision date: 04 July 2011 Before: Basten JA Decision: (1) The notice of motion filed 24 June 2011 be dismissed. (2) The costs of the motion are to be costs in the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - objection to competency - appeal involving an amount at issue of less than $100,000 - whether correct to add both parties claims - whether greater amount a realistic possible outcome Legislation Cited: District Court Act 1973 (NSW), s 127 Judiciary Act 1903 (Cth), s 35 Cases Cited: Blackmore v Browne [2011] NSWCA 114 Gillard v Hunter Wire Products t/as Hunter Screen Products (No 2) [2001] NSWCA 450 Pegela Pty Ltd v Oates [2010] NSWCA 186 Category: Procedural and other rulings Parties: Peter Hansen - First Appellant Lyschrome Pty Ltd - Second Appellant

Slattery Transport (NSW) Pty Ltd - First Respondent Noel Christopher Hawkins - Second Respondent Representation: Counsel:

R A Parsons - Appellants