NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Touma v Oayda [2013] NSWSC 1136 Hearing dates: 14 February 2013 Decision date: 19 August 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal allowed. (2) Cross appeal allowed. (3) The orders of Magistrate Gilmour of 29 March 2012, including as to costs, are quashed. (4) Matter remitted to the Local Court for hearing. (5) No order as to costs of this appeal. Catchwords: CIVIL LAW - appeal from Local Court - proceedings terminated during cross-examination - no re-examination permitted - parties not permitted to address - denial of procedural fairness - matter remitted to Local Court Legislation Cited: Evidence Act 1995 Local Court Act 2007 Warehousemen's Liens Act 1935 Cases Cited: Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 R v Bozatsis (1997) 97 A Crim R 296 Category: Principal judgment Parties: Anthony Touma (P1) Parkview Constructions Pty Ltd (P2) Parkview Sydney Developments Pty Ltd (P3) Robert Oayda (D1) Representation: Counsel: A Vincent (P1-3) L Tyndall (D) Solicitors: Salim Rutherford Lawyers (P1-3) File Number(s): 12/32973 Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-03-29 00:00:00 Before: Gilmour LCM File Number(s): 2010/355357, 2011/217644
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