Dib Group Pty Ltd v Cancian Nominees Pty Ltd [2013] NSWSC 1878

Supreme Court New South Wales

Medium Neutral Citation: Dib Group Pty Ltd v Cancian Nominees Pty Ltd [2013] NSWSC 1878 Hearing dates: 10 December 2013 Decision date: 10 December 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1 The orders of the Local Court made 3 May 2013 in proceedings 2012/103905 be set aside. 2 The matter be remitted to the Local Court for determination in accordance with a direction that it do so in a manner consistent with this Court's judgment. 3. The defendant pay the costs of these proceedings on the ordinary basis. 4. Grant leave to the defendant to have a certificate under the Suitors' Fund Act 1951 if otherwise qualified. Catchwords: JUDICIAL REVIEW - appeal from Local Court - question of law - construction of contract - whether lessor converted removable fittings and fixtures owned by lessee - whether lessee converted property owned by lessor - costs. Legislation Cited: - Contracts Review Act 1980 - Local Court Act 2007 - Suitors Fund Act 1951 Cases Cited: - Australian Guarantee Corporation Ltd v Balding (1930) 43 CLR 140 - Lesley-Swan v Owners Strata Plan 32735 [2013] NSWSC 1635 - National Bank of Australasia Ltd v J. Falkingham & Sons [1902] AC 585 - Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; 71 NSWLR 230 Texts Cited: Cheshire and Fifoot's Law of Contract, 9th Australian edition (2012) Category: Principal judgment Parties: Dib Group Pty Ltd (Plaintiff) Cancian Nominees Pty Ltd (Defendant) Representation: Counsel: L.R. Tyndall (Plaintiff) J.A. Darvall (Defendant) Solicitors: Madison Marcus (Plaintiff) Mercuri & Co (Defendant) File Number(s): 2013/159786