Tonab Investments Pty Ltd & Bechara v Optima Developments Pty Ltd [2014] NSWDC 241

District Court New South Wales

Medium Neutral Citation: Tonab Investments Pty Ltd & Bechara v Optima Developments Pty Ltd [2014] NSWDC 241 Hearing dates: 19 June, 11 July, 8 August & 9 December 2014 Decision date: 19 December 2014 Before: Levy SC DCJ Decision: 1.Summons appealing from the decision of the Local Court at Woy Woy and Gosford on 18 December 2013 is dismissed; 2.The appellants are to pay the respondent's costs of the appeal on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further or other orders are required. Catchwords: APPEAL - appeal from decision of Local Court at Gosford and Woy Woy sitting in Small Claims Division - appeal pursuant to s 39(2) of whether decision of Local Court was within its jurisdiction - whether the appellants were denied procedural fairness - whether slip rule amendments to orders were made ultra vires the jurisdiction of the Local Court Legislation Cited: Civil Procedure Act 2005, s 98 Legal Profession Act 2004, s 208 Local Court Act 2007, s 39 Cases Cited: Richards v Cornford [2010] NSWCA 99 Tugrul v Tarrants Financial Consultants Pty Limited (in liquidation) [2013] NSWSC 1971 Category: Interlocutory applications Parties: Tonab Investments Pty Ltd (First plaintiff/Appellant) Maria Bechara (Second plaintiff/appellant) Optima Developments Pty Ltd (Defendant/respondent) Representation: Ms R Bianchi (Plaintiffs/appellants - 19 June & 11 July 2014) Ms M Bechara (Plaintiffs/appellants - 8 August & 9 December 2014) Mr M Gallego (Solicitor for defendant/ respondent) Maria Bechara (Plaintiffs/appellants) Mark Gallego (Defendant/respondent) File Number(s): 2014/7719 Publication restriction: None Decision under appeal Jurisdiction: 9109 Date of Decision: 2013-12-18 00:00:00 Before: Magistrate Day Magistrate Chicken File Number(s): 2013/22610