DARCOB v EQUIPMENT TRADING [2011] NSWSC 1548

Supreme Court New South Wales

Medium Neutral Citation: DARCOB v EQUIPMENT TRADING [2011] NSWSC 1548 Hearing dates: 18 July 2011 Decision date: 21 December 2011 Jurisdiction: Civil Before: RS HULME J Decision: (i) The appeal is allowed. (ii) The orders made by Magistrate Russell herein on 17 September 2010 are set aside. (iii) The proceedings are remitted to the Local Court to be decided by some Magistrate other than Magistrate Russell. (iv) Each party is to pay its own costs of proceedings in this Court and its own costs of the hearing before, and submissions to, Magistrate Russell in the Local Court. (v) Otherwise, the costs of proceedings in the Local Court are to be dealt with as an incident of the final determination of the proceedings in that Court. (vi) Stay orders (iv) and (v) until Friday 27 January 2012 or, if a Notice of Motion returnable before me on Friday 3 February 2012 seeking variation of those orders is filed and served prior to that date, until further order. Catchwords: APPEAL - Local Court - no question of principle Legislation Cited: s 39 of the Local Courts Act 2007 s 27A of the Oaths Act 1900 s 64 of the Evidence Act 1995 Category: Principal judgment Parties: Darcob Pty Ltd - Plaintiff Equipment Trading Pty Ltd - First Defendant Joan Shepherd - Second Defendant John Shepherd - Third Defendant Kandidco Pty Ltd - Fourth Defendant Dianne Olling - Fifth Defendant Sheldon Olling - Sixth Defendant Representation: J Jobson J Clifton Andresakis & Associates Ghobrial Legal File Number(s): 2010/338091