Lyon v Adami [2014] NSWSC 1956

Supreme Court New South Wales

Medium Neutral Citation: Lyon v Adami [2014] NSWSC 1956 Hearing dates: 14 November 2014 Date of orders: 14 November 2014 Decision date: 14 November 2014 Jurisdiction: Common Law Before: Garling J Decision: I direct that the defendant is to submit to my Associate, within seven days, the short minutes of order which he proposes ought be made. Those short minutes are to be served on counsel for the plaintiff at or before that time. Counsel for the plaintiff have seven days to indicate whether the orders are agreed or such other orders as are sought and a copy of counsel's proposal should be provided to the other side and I will make the orders which I think are appropriate in due course Catchwords: APPEAL – appeal against Local Court decision – ss 39 and 40 Local Court Act 2007 – cross-appeal by defendant – appellant's lounges given to the defendant for restoration – lounges destroyed in fire at defendant's business premises – claim for damages for breach of bailment – claim for loss of use of lounges – whether error of law in assessing damages – error of law found – also error of law in failing to award damages for loss of use of a personal item – s 41 Local Court Act 2007 appeal determined by varying terms of judgment Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Cambridge v Anastasopoulos [2012] NSWCA 405 Clark v Macourt [2013] HCA 56 Lindores Plant and Equipment Proprietary Limited v Jacap Low Loaders Pty Ltd [2004] NSWSC 867 Texts Cited: Not Applicable Category: Principal judgment Parties: Neil Francis Lyon (P1) Judith Anne Lyon (P2) Adrian Adami (D) Representation: Counsel: K Young (P) P J Macarounas (D) File Number(s): 2014/110974 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Sutherland Local Court Jurisdiction: Civil Date of Decision: 17/03/2014 Before: Trad LCM File Number(s): 2013/193569