Wang v Yamamoto [2015] NSWSC 942

Supreme Court New South Wales

Medium Neutral Citation: Wang v Yamamoto [2015] NSWSC 942 Hearing dates: 24 June 2015 Date of orders: 17 July 2015 Decision date: 17 July 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal in relation to the decision dated 8 October 2014 is refused.

(2) The appeals are dismissed.

(3)The further amended summons filed 25 February 2015 is dismissed.

(4) The decisions of his Honour Magistrate Bradd dated 4 September 2014 and 8 October 2014 are affirmed.

(5) The plaintiffs are to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT – Local Court Act 2007 (NSW) – assessment by Magistrate of award of abatement of rent – whether Magistrate gave adequate reasons – whether defendant in the Local Court denied procedural fairness – whether Magistrate erred in awarding indemnity costs against defendant in the Local Court – whether Magistrate erroneously took into account non complying offer of compromise and lack of prospects of success when awarding indemnity costs Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Cases Cited: Baltic Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 340 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Dare v Pulham [1982] HCA 70; (1982) 148 CLR 658 Hazeldene's Chicken Farm Pty Ltd v Victorian Work Cover Authority (No 2) (2005) 13 VR 435; [2005] VSCA 298 House v The King [1936] HCA 40; (1936) 55 CLR 499 Keith v Gal [2013] NSWCA 339 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Potts v Miller [1940] 64 CLR 282 Soulemezis v Dudley (Holdings) Pty Limited (1987) NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Texts Cited: Halsbury's Laws of Australia Category: Principal judgment Parties: John Wang (First Plaintiff) Mary Li (Second Plaintiff) Tomoko Yamamoto (Defendant) Representation: Counsel: R Sheldon SC with J Lee (First and Second Plaintiffs) M Young SC (Defendant)