Getex Pty Limited v Reed Business Information Pty Limited and ors [2013] NSWSC 1161

Supreme Court New South Wales

Medium Neutral Citation: Getex Pty Limited v Reed Business Information Pty Limited and ors [2013] NSWSC 1161 Hearing dates: 1 May 2013 Decision date: 26 August 2013 Before: Bellew J Decision: (i) the appeal is allowed; (ii) the cross-appeal is allowed; (iii) the judgment and orders of the Magistrate, save for the order entering judgment in favour of the cross claimant, Jason North, on the second cross claim, are set aside; (iv) the amended notice of contention is dismissed; (v) the proceedings are remitted to the Magistrate in the Local Court of New South Wales to be dealt with according to law; (vi) the parties are to provide written submissions, not exceeding two pages in length, as to the appropriate orders in respect of the costs of this appeal, and the costs of the proceedings in the court below, including any submissions as to the grant of a certificate under the Suitors Fund Act 1951 in favour of any party who is ordered to pay costs, by 4:00pm on Monday 3 September 2013; (vii) I stand the matter over until 9:15am on Friday 6 September 2013 for judgment on the question of costs. Catchwords: APPEAL FROM LOCAL COURT - reasons for decision - whether reasons of the Magistrate adequate - where reasons did not expose the reasoning process and contained no determination of one of the issues between the parties - where defendant filed notice of contention - where resolution of notice of contention would involve making new findings of fact - limitations placed upon appellate court in dealing with the notice of contention in view of the nature of the appeal