Consultus Recruitment and Research Pty Limited v Lomas Executive Pty Limited [2013] NSWSC 912

Supreme Court New South Wales

Medium Neutral Citation: Consultus Recruitment and Research Pty Limited v Lomas Executive Pty Limited [2013] NSWSC 912 Hearing dates: 05/06/2013 Decision date: 11 July 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) An extension of time to appeal is granted. (2) The appeal is dismissed. (3) The decision of her Honour Magistrate McManus dated 8 February 2012 is affirmed. (4) The summons filed 6 June 2012 is dismissed. (5) The plaintiffs are to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - Magistrate found no final agreement - whether failure to provide adequate reasons - whether error of law - appeal dismissed Legislation Cited: Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 County Securities Pty Limited v Challenger Group Holdings Pty Limited [2008] NSWCA 193 Despot v Registrar General [2012] NSWCA 160 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516; (1998) 153 ALR 276 Kounnas v Citywide Civil Engineering Pty Ltd [2012] NSWCA 287 Simonius Vischer & Co v Holt [1979] 2 NSWLR 322 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; (2004) 60 NSWLR 127 Category: Principal judgment Parties: Consultus Recruitment and Research Pty Limited (First Plaintiff) Consultus Pty Limited (Second Plaintiff) Lomas Executive Pty Limited (Defendant) Representation: Counsel: P M Barham (Plaintiffs) J L Chambers (Defendant) Solicitors: Paladin Law (First & Second Plaintiffs) ClarkeKann Lawyers (Defendant) File Number(s): 2012/179062 Decision under appeal Date of Decision: 2012-02-02 00:00:00 Before: McManus LCM File Number(s): 2011/112786