Tarabanko v Galachov [2017] NSWSC 187

Supreme Court New South Wales

Medium Neutral Citation: Tarabanko v Galachov [2017] NSWSC 187 Hearing dates: 16 February 2017 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that this appeal from the decision of the Local Court dated 12 May 2016 be allowed. (2) Order that the judgment of the Local Court entered in favour of Mr Victor Galachov in the amount of $21,895.40 and the order for costs made in his favour, be set aside. (3) Order that the proceedings be remitted to the Local Court for further management and hearing.

Costs orders:

(1) Order that the appellant pay the respondent's costs of these proceedings. (2) Order that the enforcement of the costs order be stayed until the conclusion of the proceedings in the Local Court, or until further order of this Court. (3) Order that, pursuant to s 6(1) of the Suitors Fund Act 1951, the appellant, Mr Victor Galachov, be entitled to an indemnity certificate in respect of these proceedings. Catchwords: APPEAL FROM LOCAL COURT – error of law – Magistrate failed to consider s 56-58 Civil Procedure Act, dictates of justice Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Suitors Fund Act 1951 Uniform Civil Procedure Rules Cases Cited: Aon Risk Services v Australian National University [2009] HCA 27, [2009] 239 CLR 175 Lesley Swann v Owners Strata Plan 32735 [2013] NSWSC 1635 Thaina Town (on Goulburn) Pty Limited v The City of Sydney Council [2007] NSWCA 300; [2007] 71 NSWLR 230 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Oleksii Tarabanko (P) Victor Galachov (D) Representation: Counsel: S Lipp (P) In person (D)