Ersh v The Greek Orthodox Parish and Community of Burwood and District Saint Nectarios Limited [2015] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: Ersh v The Greek Orthodox Parish and Community of Burwood and District Saint Nectarios Limited [2015] NSWSC 331 Hearing dates: 6 March 2015 Further written submissions 9 and 11 March 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Before: Bellew J Decision: The proceedings are dismissed. Catchwords: APPEAL – Appeal from decision of Magistrate in Local Court – Plaintiff seeking recovery of monies advanced to the defendant by way of loan – Term of the loan that monies would be repayable on one months' notice - Where plaintiff previously bankrupt – Where plaintiff did not disclose debt to her trustee in bankruptcy - Plaintiff issued notice seeking recovery of the money without disclosing bankruptcy – Where Magistrate held that the notice was not valid – Appeal against Magistrate's decision – No error – Appeal dismissed Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Larceny Act 1916 (6 & 7 Geo. 5, c. 50) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Daemar v Industrial Commission of NSW and anor. [No. 2] (1990) 22 NSWLR 178 Pegler v Dale [1975] 1 NSWLR 265 R v Bernhard [1938] 2 KB 264 Category: Principal judgment Parties: Nina Ersh - Plaintiff Representation: Counsel: Mr T Hall (solicitor) - Plaintiff Mr B Levet - Defendant

Solicitors: File Number(s): 2014/214768 Publication restriction: Nil