NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: De Armas v Peters [2015] NSWSC 1050 Hearing dates: 3 February 2015 Date of orders: 28 July 2015 Decision date: 29 July 2015 Jurisdiction: Common Law Before: Wilson J Decision: Leave to Appeal Refused; Summons dismissed; Leave to Cross Appeal Refused; Cross Summons dismissed Catchwords: APPEAL – appeal from Local Court to Supreme Court – motor vehicle accident – leave to appeal from Local Court - res judicata – subrogated rights of insurer – s24 Civil Procedure Act Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules Cases Cited: Australian Associated Motor Insurers Ltd v NRMA Insurance [2002] FCA 1061 Be Financial Pty Ltd v Das [2012] NSWCA 164 Blair v Curran (1939) 62 CLR 464 Gleeson v J Wippell & Co Ltd [1977] 1 WLR 510 Insurance Commission of Western Australia v Kightly [2005] WASCA 154 Linsley v Petrie [1998] 1 VR 427 Ramsay v Pigram (1968) 118 CLR 271 Sydney Turf Club v Crowley [1971] NSWLR 724 Texts Cited: Leigh-Jones & Ors, MacGillivray on Insurance Law (11th ed, 2008, Sweet & Maxwell) Spencer & Ors, Res Judicata (3rd ed,1996, Handley, Butterworths) Category: Procedural and other rulings Parties: Carmen De Armas (Plaintiff) Gifford Peters (Defendant) Representation: Counsel: P Bambagiotti (Plaintiff) S Emmett (Defendant)
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