Australian Honey Exports Pty Ltd v Powell [2012] NSWSC 1090

Supreme Court New South Wales

Medium Neutral Citation: Australian Honey Exports Pty Ltd v Powell [2012] NSWSC 1090 Hearing dates: 17/05/2012 Decision date: 13 September 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) Summons dismissed. (2) Plaintiffs to pay the defendant's costs. Catchwords: APPEAL - appeal from Local Court decision - whether magistrate applied erroneous standard of proof - whether magistrate wrongfully refused to admit police statement of potential witness - plaintiff essentially argues error of fact only Legislation Cited: Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1993) 67 ALJR 170 R L & D Investments Pty Ltd v Bisby (2002) NSWSC 1082 US Manufacturing Co Pty Limited v ABB Service Pty Ltd [2008] NSWSC 705 Category: Principal judgment Parties: Australian Honey Exports Pty Ltd (P1) Rod Yates (P2) John Powell (D) Representation: Counsel: R Yates (P) (in person) P Gallo (D) File Number(s): 2011/205114

Judgment 1Australian Honey Exports Pty Ltd is a company which, in 2007, was based in Seven Hills, Sydney. Its sole director was Mr Roderick Yates. Mr Yates is a man of considerable experience in the area of beekeeping and honey production. 2Mr John Powell was a person who, speaking generally, had assisted Mr Yates in the business being conducted by Australian Honey. Their relationship did not subsist and came to an end some time in September or perhaps early October of 2007. 3Australian Honey, and Mr Yates, appealed to this Court against the decision of the Local Court of NSW (Barkell LCM) delivered on 25 May 2011. 4For the reasons which follow, I have concluded that the summons and the appeal ought be dismissed with costs.