Landbridge Transport Pty Limited v Buckley [2014] NSWSC 1379

Supreme Court New South Wales

Medium Neutral Citation: Landbridge Transport Pty Limited v Buckley [2014] NSWSC 1379 Hearing dates: 8 October 2014 Decision date: 13 October 2014 Before: Bellew J Decision: (1) The appeal is allowed. (2) The judgment and orders of the Magistrate are set aside. (3) The proceedings are remitted to the Magistrate in the Local Court of NSW to be dealt with according to law. (4) Each party is to provide to my Associate, by 4:00 pm on Monday 20 October 2014, 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. Catchwords: APPEAL - appeal from decision of Magistrate in Local Court - proceedings brought for damages arising from motor vehicle accident - competing accounts of circumstances of the accident given by the only witnesses called - where Magistrate's conclusion on the issue of liability involved acceptance of one account over the other - where reasons expressed inconsistent findings - whether reasons adequate Legislation Cited: Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Madden's Stable Bedding Pty Limited v Reid [2014] NSWSC 554 Mifsud v Campbell (1990) 21 NSWLR 725 Pettitt v Dunkley [1971] 1 NSWLR 376 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Qushair v Raffoul [2009] NSWCA 329 Podrebersek v Australian Iron and Steel Pty Limited [1985] HCA 34; [1985] 59 ALJR 492 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 Tanwar Enterprises Pty Limited v Bradshaw [2013] NSWSC 1276 Wright v Australian Broadcasting Commission [1977] 1 NSWLR 697 Category: Principal judgment Parties: Landbridge Transport Pty Limited - Plaintiff Garry Buckley - Defendant Representation: Counsel: Solicitors: File Number(s): 2014/75955 Publication restriction: Nil Decision under appeal Date of Decision: 2014-02-13 00:00:00 Before: Magistrate G Bradd