Hoist-up Pty Ltd v Heartland Motors Pty Limited [2015] NSWSC 903

Supreme Court New South Wales

Medium Neutral Citation: Hoist-up Pty Ltd v Heartland Motors Pty Limited [2015] NSWSC 903 Hearing dates: 10 December 2014 Decision date: 09 July 2015 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal ground one is upheld. (2) Judgment and verdict for the plaintiff in the sum of $4,240.50 comprising $2,662.00 plus $1,578.50 (the court notes that the total sum has been paid by the defendant to the plaintiff). (3) Grounds two and three are dismissed. (4) Leave to appeal is refused with regard to grounds four and five. (5) The plaintiff must pay the costs of the defendant of the appeal. Catchwords: APPEAL – appeal from decision of Local Court Magistrate pursuant to ss 39 and 40 of the Local Court Act 2007 (NSW) – unpaid invoices for servicing and repair of car hoists – whether Magistrate committed an error of law in confining the plaintiff to its pleadings with regard to contract and quantum meruit – whether leave should be granted to impugn a costs order Legislation Cited: Local Court Act 2007 (NSW), ss 39, 40 Trade Practices Act 1974 (Cth) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Dare v Pulham [1982] HCA 70; (1982) 148 CLR 658 Forrest v Australian Securities and Investments Commission [2012] HCA 39; (2012) 247 CLR 486 Gould and Birbeck and Bacon v Mount Oxide Mines Ltd (in Liquidation) [1916] HCA 81; (1916) 22 CLR 490 Thorner v Major [2009] UKHL 18 Waterford v The Commonwealth [1987] HCA 25; (1987) 163 CLR 54 Category: Principal judgment Parties: Hoist-up Pty Ltd (Plaintiff) Heartland Motors Pty Limited trading as Heartland Holden (Defendant) Representation: Counsel: J O'Sullivan (Plaintiff) M F Newton (Defendant)