Annetts v Twin Loop Binding Pty Ltd [2015] NSWSC 1605

Supreme Court New South Wales

Medium Neutral Citation: Annetts v Twin Loop Binding Pty Ltd [2015] NSWSC 1605 Hearing dates: 23 October 2015 Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction: Common Law Before: Fagan J Decision: (1) Leave is granted to the Plaintiffs to appeal from the decision of the Local Court with respect to costs of the statement of claim in that court. (2) The summons is otherwise dismissed. (3) The Plaintiffs are to pay the Defendant's costs of the summons. Catchwords: CONTRACT – appeal from Local Court – construction and interpretation – whether Magistrate erred in construction of lease – scope of tenant's obligation to make good – repair of premises – apportionment of costs payable

COSTS – whether Magistrate erred in determining costs – discretionary – application of 25% limit on costs awarded – Local Court of New South Wales Practice Note Civ 1 (2013), Pt G Legislation Cited: Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: House v The King [1936] HCA 40; (1936) 55 CLR 499 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Texts Cited: Local Court of New South Wales Practice Note Civ 1 (2013) Category: Principal judgment Parties: John Wayne Annetts (First Plaintiff) Irene Julie Annetts (Second Plaintiff) Twin Loop Binding Pty Ltd (Defendant) Representation: Counsel: MW Sneddon (Plaintiffs) VF Kerr (Defendant)