Mark Peter Wilson v Warren O'Rourke [2013] NSWSC 989

Supreme Court New South Wales

Medium Neutral Citation: Mark Peter Wilson v Warren O'Rourke [2013] NSWSC 989 Hearing dates: 16 May 2013 Decision date: 30 July 2013 Before: Bellew J Decision: (1)The amended summons is dismissed. (2)The plaintiff is to pay the defendant's costs. Catchwords: APPEAL - appeal from decision of Magistrate in the Local Court on a question of law - where plaintiff sued for damages for breach of agreement - where defendant pleaded a different agreement and alternatively pleaded that no agreement had been reached - where Magistrate found that the parties were not ad idem and that no agreement had been reached between them - whether Magistrate was in error in so finding in view of the pleadings - whether the Magistrate was obliged to inform the plaintiff of the possibility of such a finding prior to delivering judgment - whether the Magistrate's failure to do so constituted a denial of procedural fairness Legislation Cited: Local Court Act 2007 Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Australian Gas Light Company v the Valuer-General (1940) 40 SR (NSW) 126 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Baird Textile Holdings Limited v Marks and Spencer PLC [2002] 1 All E R (Comm) 737 Banque Commerciale (SA) (in liq) v Aklul Holdings Limited (1990) 169 CLR 279 Beveridge v Dontan Pty Limited (1991) 23 NSWLR 13 Collector of Customs v Agfa-Gevaert Limited (1996) 186 CLR 389 Commissioner for ACT Revenue v Alpha One Pty Limited (1994) 49 FCR 576 Dare v Pulham (1982) 148 CLR 658 Hope v Bathurst City Council (1980) 144 CLR 1 Loudoun-Shand and anor v Jadasi Investments Pty Limited (2007) NSWCA 316Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 214 CLR 1 Vale v Sutherland (2009) 237 CLR 638 Category: Principal judgment Parties: Mark Peter Wilson - Plaintiff Warren O'Rourke - Defendant Representation: Mr T Stuart - Plaintiff Mr D A Allen - Defendant Proctor and Associates - Defendant File Number(s): 2012 / 302230 Publication restriction: Nil Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-09-03 00:00:00 Before: Magistrate T Keady