Nicolaou v The Federation of Ethnic Communities’ Councils of Australia [2015] NSWSC 1440

Supreme Court New South Wales

Medium Neutral Citation: Nicolaou v The Federation of Ethnic Communities' Councils of Australia [2015] NSWSC 1440 Hearing dates: 14 September 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is granted.

(2) The appeal is dismissed.

(3) The judgment and orders of her Honour Local Court Magistrate Milledge dated 27 May 2015 are affirmed.

(4) The summons filed 23 June 2015 is dismissed. Catchwords: LOCAL COURT APPEAL – leave to appeal on a question of mixed fact and law – construction of a contract a question of law – whether Magistrate erred in her approach in determining whether a binding contract existed Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Cases Cited: Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99; (1973) 47 ALJR 526 Be Financial Pty Ltd v Das [2012] NSWCA 164 Codelfa Construction Pty Limited v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337 Masters v Cameron (1954) 28 ALJR 438; (1954) 91 CLR 353 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 Category: Principal judgment Parties: Dr Loucas Nicolaou (Plaintiff) The Federation of Ethnic Communities' Councils of Australia (Defendant) Representation: Counsel: D Eardley (Plaintiff) C O'Neill (Defendant)