McGrath v Rebuild Now Pty Ltd [2016] NSWSC 636

Supreme Court New South Wales

Medium Neutral Citation: McGrath v Rebuild Now Pty Ltd [2016] NSWSC 636 Hearing dates: 22 April 2016 Decision date: 18 May 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal dismissed. (2) Costs reserved. Catchwords: APPEAL – Local Court appeal – identification of capacity of plaintiff on title page of originating process – failure of Magistrate to deal with legal submission in judgment – legal question to be determined rather than remitted to Local Court – disjunction between name of respondent on title page and name of respondent in contracts of no substance – appeal dismissed Legislation Cited: Local Court Act 2007 (NSW), ss 39(1), 41(1) Cases Cited: Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Brian McGrath (First Applicant) Natalie McGrath (Second Applicant) PWA Engineering Pty Ltd (ACN 164 409 572) (Third Applicant) Rebuild Now Pty Ltd (ACN 159 680 047) (Respondent) Representation: Counsel: B Le Plastrier (Applicants) G Stapleton (Respondent)

Solicitors: Lynch Andrews Lawyers(Applicants) Savage Defence Lawyers (Respondent) File Number(s): 2015/302352 Decision under appeal Court or tribunal: Local Court of New South Wales Date of Decision: 18 September 2015 Before: Lucas LCM File Number(s): 2014/89880