Drake v Wahoo Pools Pty Ltd (No 2) [2015] NSWSC 536

Supreme Court New South Wales

Medium Neutral Citation: Drake v Wahoo Pools Pty Ltd (No 2) [2015] NSWSC 536 Hearing dates: 19 February 2015 Decision date: 12 May 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The appeal of the plaintiff is dismissed Catchwords: APPEAL – appeal from decision of Local Court Magistrate pursuant to ss 39 and 40 of the Local Court Act 2007 (NSW) – contract to build swimming pool – whether purported errors are errors of fact or errors of mixed fact and law – whether leave should be granted Legislation Cited: Home Building Regulation 2004 (NSW), reg 71 Local Court Act 2007 (NSW), ss 39, 40 Trade Practices Act 1974 (Cth), s 75B Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337 Waterford v The Commonwealth [1987] HCA 25; (1987) 163 CLR 54 Category: Principal judgment Parties: Marianne Drake (Plaintiff) Wahoo Pools Pty Ltd (First Defendant) Adam John Rubagotti (Second Defendant) Representation: Counsel: M Galvin (Plaintiff)

Solicitors: Gadens Lawyers (Plaintiff) File Number(s): 2014/193080 Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Civil Date of Decision: 3 June 2014 Before: Grahame LCM File Number(s): 2012/255779