ECS Services Pty Ltd v DGA Holdings Pty Ltd [2013] NSWSC 869

Supreme Court New South Wales

Medium Neutral Citation: ECS Services Pty Ltd v DGA Holdings Pty Ltd [2013] NSWSC 869 Hearing dates: 10 April 2013 Decision date: 01 July 2013 Jurisdiction: Common Law Before: Price J Decision: (i) The judgment of Coombs LCM delivered on 29 January 2013 is set aside. (ii). The matter be remitted to the Chief Magistrate of New South Wales so that he might allocate it to a judicial officer of the Local Court other than Coombs LCM to be heard and determined according to law. (iii). DGA Holdings Pty Ltd is to pay the costs of ECS Services Pty Ltd of this appeal as agreed or assessed Catchwords: APPEAL FROM LOCAL COURT-conflicting evidence-second judgment after appeal-whether adequate reasons provided. Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 s 39, s 40(2) Suitors Fund Act 1951 Cases Cited: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Cassegrain v Commonwealth Development Bank of Australia [2003] NSWCA 260 ECS Services Pty Ltd v DGA Holdings Pty Ltd [2012] NSWSC 1058 Northern NSW FM Pty Limited v Australian Broadcasting Tribunal (1990) 26 FCR 39 Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174: Young v Cesta-Incani (2007) 49 MVR 31; [2007] NSWCA 229 Category: Principal judgment Parties: ECS Services Pty Ltd (Plaintiff) DGA Holdings Pty Ltd (Defendant) Representation: Counsel: Mr M Southwick (Plaintiff) Mr H Woods (Defendant) Solicitors: James Legal Pty Ltd (Plaintiff) Kazi Portolesi Lawyers (Defendant) File Number(s): 2013/60292 Decision under appeal Date of Decision: 2013-01-29 00:00:00 Before: Coombs LCM File Number(s): 2011/149130