Najask Pty Ltd v Stow [2016] NSWSC 1511

Supreme Court New South Wales

Medium Neutral Citation: Najask Pty Ltd v Stow [2016] NSWSC 1511 Hearing dates: 13 September 2016 Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. Appeal Dismissed. 2. Costs in favour of the defendant, stayed for 14 days to allow the parties to make any submission seeking contrary orders. 3. Any submission as to costs by the plaintiff to be filed and served within 7 days from today. 4. Any submission in reply to be filed and served within 7 days thereafter. 5. Any such submissions will be determined on the papers. Catchwords: APPEAL FROM LOCAL COURT - appeal against decision of a Magistrate in a civil claim – construction of contract - question of whether entire contract case Legislation Cited: Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baltic Shipping Co v Dillon [1992 – 1993] 176 CLR 344; [1993] HCA 4 Steele v Tardiani (1946) 72 CLR 386; [1946] HCA 21 Category: Principal judgment Parties: Najask Pty Ltd (Plaintiff) Frances Stow (Defendant) Representation: Mr D Parish (Plaintiff) Mr T To with Mr A Herring (Defendant) File Number(s): 2015/342514 Publication restriction: None Decision under appeal Court or tribunal: Local Court Downing Centre Date of Decision: 26 October 2015 Before: Stapleton LCM File Number(s): 2014/69585