ECS Services Pty Ltd v DGA Holdings Pty Ltd [2012] NSWSC 1058

Supreme Court New South Wales

Medium Neutral Citation: ECS Services Pty Ltd v DGA Holdings Pty Ltd [2012] NSWSC 1058 Hearing dates: 23/8/2012 Decision date: 10 September 2012 Before: Harrison AsJ Decision: (1) The appeal is upheld. (2) The decision of his Honour Magistrate Coombs dated 9 December 2011 is set aside. (3) The matter is remitted to the Local Court, Fairfield to be determined according to law. (4) The defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - claim for damages for breach of contract or, in the alternative, claim of quantum meruit - conflicting evidence - failure of Magistrate to provide adequate reasons - error of law - appeal allowed and matter remitted to Local Court Legislation Cited: Local Court Act 2007 Cases Cited: Jung v Son [1998] NSWCA 120 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Young v Cesta-Incani [2007] NSWCA 229 Category: Principal judgment Parties: ECS Services Pty Limited (Plaintiff) DGA Holdings Pty Limited (Defendant) Representation: M Southwick (Plaintiff) H Woods (Defendant) James Legal (Plaintiff) Kazi Portolesi Lawyers (Defendant) File Number(s): 2012/66242 Decision under appeal Date of Decision: 2011-12-09 00:00:00 Before: Coombs LCM File Number(s): 2011/149130

Judgment 1HER HONOUR: The plaintiff seeks orders firstly, that leave to appeal from the whole of the decision of his Honour Magistrate Coombs dated 9 December 2011 be granted; secondly, that the appeal be allowed; thirdly, that the Local Court judgment in proceedings 2011/149130 be set aside; fourthly, that judgment and costs be entered for the plaintiff in Local Court proceedings 2011/49130; and fifthly, an order that the time for appeal against the orders of his Honour Magistrate Coombs be extended. 2The plaintiff in this Court is ECS Services Pty Limited (ECS) who was the defendant in the Local Court proceedings. The defendant in this Court is DGA Holdings Pty Limited (DGA) who was the plaintiff in the Local Court proceedings. For convenience, I shall refer to the parties by name. 3Leave has been granted for an extension for ECS to file the appeal out of time. Likewise, leave has been granted for DGA to file its notice of contention out of time.