John Conrad Hansen trading as Derrawee Pastoral Company v Monterey (Coolah) Pty Limited [2012] NSWSC 1383

Supreme Court New South Wales

Medium Neutral Citation: John Conrad Hansen trading as Derrawee Pastoral Company v Monterey (Coolah) Pty Limited [2012] NSWSC 1383 Hearing dates: 3 August 2012 Decision date: 19 November 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Leave to appeal is granted. 2. The appeal is upheld. 3. The matter is remitted to the Local Court for rehearing. Catchwords: APPEAL - leave sought to appeal against Local Court decision - failure to give reasons - conduct of a rehearing under the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005 - section 44 of Civil Procedure Act - Rule 20.12 of the Uniform Civil Procedure Rules - relevant material not received in evidence - costs and orders Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: MacDougall v Curlevski (1996) 40 NSWLR 430 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wainohu v New South Wales [2011] HCA 24; (2011) 243 CLR 181 Category: Principal judgment Parties: John Conrad Hansen t/as Derrawee Pastoral Company (Plaintiff) Monterey (Coolah) Pty Limited (Defendant) Representation: Counsel: Mr M Bradford (Plaintiff) Mr PA Regattiori (Defendant) Solicitors: Peacockes (Plaintiff) Booth Brown Samuels & Olney (Defendant) File Number(s): 2011/164333 Publication restriction: None Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-04-21 00:00:00 Before: Magistrate Miszalski File Number(s): 33 of 2010