NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Colevski v Australian Associated Motor Insurers Limited [2011] NSWSC 1243 Hearing dates: 21/09/2011 Decision date: 25 October 2011 Jurisdiction: Common Law Before: Rothman J Decision: (i) Proceedings dismissed; (ii) The plaintiff pay the defendant's costs of and incidental to the proceedings. Catchwords: APPEAL - administrative law - appeal from magistrate's refusal of adjournment/vacation of dates and striking out of defence - no error of principle - appeal dismissed Legislation Cited: Civil Procedure Act 2005 Cases Cited: Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Haset Sali v SPC Ltd [1993] HCA 47; (1993) 67 ALJR 841 House v The King [1936] HCA 40; (1936) 55 CLR 499 Maxwell v Keun [1928] 1 KB 645 Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146 Re Association of Architects of Australia; Ex parte Municipal Officers Association of Australia [1989] HCA 13; (1989) 63 ALJR 298 Sullivan v Department of Transport (1978) 20 ALR 323 Category: Principal judgment Parties: Saso Colevski (Plaintiff) Australian Associated Motor Insurers Limited (Defendant) Representation: Counsel:
N A Confos (Plaintiff) W Fitzsimmons (Defendant) Solicitors:
Frank A Sanna (Plaintiff) Courtenay & Co Solicitors (Defendant) File Number(s): 2011/76393
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