Allied Express Transport Pty Limited v Fone Care Pty Ltd [2011] NSWSC 1543

Supreme Court New South Wales

Medium Neutral Citation: Allied Express Transport Pty Limited v Fone Care Pty Ltd [2011] NSWSC 1543 Hearing dates: 7 December 2011 Decision date: 14 December 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to appeal on the issue of costs is refused. (2) The orders made by his Honour Magistrate Curran dated 24 March 2011 are affirmed. (3) The amended summons filed 7 December 2011 is dismissed. (4) The plaintiffs are to pay the defendant's costs as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE - application for leave to appeal from Local Court - order as to costs - leave refused Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 House v The King (1936) 55 CLR 499 State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 Texts Cited: Corbin on Contracts, vol 5 (1964) Australian Tax Office, Tax Ruling GSTR2001/4 (12 November 2008) Category: Procedural and other rulings Parties: Allied Express Transport Pty Limited (First Plaintiff) Allied Overnight Express Pty Limited (Second Plaintiff) Fone Care Pty Ltd (Defendant) Representation: J Hassett, solicitor (Plaintiffs) S T Chrysanthou (Defendant) Hassett Dixon Solicitors (Plaintiffs) Kalantizis Lawyers (Defendant) File Number(s): 2011/122455 Decision under appeal Date of Decision: 2011-03-24 00:00:00 Before: Curran LCM File Number(s): 2010/256071