Precision Coating Services Pty Limited and Another v Building Equipment Services Pty Ltd [2012] NSWSC 550

Supreme Court New South Wales

Medium Neutral Citation: Precision Coating Services Pty Limited and Another v Building Equipment Services Pty Ltd [2012] NSWSC 550 Hearing dates: 15 May 2012 Decision date: 15 May 2012 Jurisdiction: Common Law Before: Barr AJ Decision: 1. The appeal is allowed and the judgment and orders of the court below are set aside. 2. The Court remits the claim and the cross-claim to the Local Court to be dealt with according to law by a magistrate other than the magistrate whose decision is appealed against. 3. The Court orders the defendant to pay the plaintiffs' costs in this Court. The defendant should have a certificate under the Suitors Fund Act 1951. Catchwords: Appeal to Supreme Court from Local Court on a question of law - finding of fact made without evidence - error of law Legislation Cited: Trade Practices Act 1974 - s 52 Local Court Act 2007 - Div 4 Part 3 Suitors Fund Act Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 Category: Principal judgment Parties: Precision Coating Services Pty Limited (Plaintiff) Blake Hymen (Second Plaintiff) Building Equipment Services Pty Limited (Defendant) Representation: S Gardiner (Plaintiffs) T Bland (Defendant) Archer Legal (Plaintiffs) Lou Baker and Associates (Defendant) File Number(s): 2011/00334522