Ethnic Business Awards Pty Ltd v George Jaksic trading as GeoGraphics Group [2016] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: Ethnic Business Awards Pty Ltd v George Jaksic trading as GeoGraphics Group [2016] NSWSC 33 Hearing dates: 16 November 2015 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is granted.

(2) The appeal is granted.

(3) The orders of his Honour Magistrate Bradd dated 2 September 2015 are set aside.

(4) The matter is remitted to the Local Court to be determined according to law.

(5) The defendant is to pay the plaintiffs' costs on an ordinary basis as agreed or assessed.

(6) The defendant is to have a certificate under s 6(1)(a) of the Suitors' Fund Act 1951 (NSW). Catchwords: APPEAL – Local Court – interlocutory decision of a magistrate – denial of procedural fairness – refusal to hear submissions regarding case management directions Legislation Cited: Civil Procedure Act 2005 (NSW), ss 21, 56, 57, 58, 59, 60 Local Court Act 2007 (NSW), ss 39, 40, 41 Suitors' Fund Act 1951 (NSW), s 6 Uniform Civil Procedure Rules 2005 (NSW), r 13.6 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472; (1986) 24 A Crim R 304 Barakat v Goritsas (No 2) [2012] NSWCA 36 Kapoor v State Transit Authority of NSW [2010] NSWCA 143 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Kojima Australia Pty Ltd v Australian Chinese Newspapers Pty Ltd [2000] NSWSC 1153 Re Minister for Immigration & Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Category: Principal judgment Parties: Ethnic Business Awards Pty Limited (First Plaintiff) Jascom International Pty Limited (Second Plaintiff) George Jaksic trading as GeoGraphics Group (Defendant) Representation: Counsel: CP O'Neill (Plaintiffs) J Mack (Defendant)