Ion v Danutz [2012] NSWSC 941

Supreme Court New South Wales

Medium Neutral Citation: Ion v Danutz [2012] NSWSC 941 Hearing dates: 7/8/2012 Decision date: 21 August 2012 Before: Harrison AsJ Decision: (1) An extension of time to file this appeal is granted. (2) Leave to appeal is granted. (3) The appeal is upheld. (4) The decision of his Honour Magistrate Hiatt dated 19 January 2012 is set aside. (5) The matter is remitted to the Local Court at Campbelltown to be determined according to law. (6) The defendant is to pay the plaintiff's costs of this appeal. Catchwords: APPEAL FROM LOCAL COURT - summary judgment in Local Court - application for leave to appeal and for extension of time to apply for leave to appeal - defendant in Local Court did not appear but had filed affidavit supporting his defence - extension of time granted - appeal upheld Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Arnold v Forsythe [2012] NSWCA 18 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Cassar v Hans Pet Constructions Pty Ltd [2008] NSWSC 1386 Commonwealth of Australia v Griffiths [2007] NSWCA 370; [2007] 70 NSWLR 268 General Steel v Commissioner for Railways (1964) 112 CLR 125 House v King (1936) 55 CLR 499 Gregory's Transport Pty Ltd v Ray's Haulage Pty Ltd [2008] NSWCA 333 Short v Burn [2012] NSWSC 695 Category: Principal judgment Parties: Gheorghe Ion (Plaintiff) Radu Danutz (Defendant) Representation: A L Connolly (Plaintiff) D Accoto (Defendant) Aron I Mucsnik (Plaintiff) Placanica Lawyers (Defendant) File Number(s): 2012/57530 Decision under appeal Date of Decision: 2012-01-19 00:00:00 Before: Hiatt LCM