Reda v Bear’s Group Pty Limited [2017] NSWSC 550

Supreme Court New South Wales

Medium Neutral Citation: Reda v Bear's Group Pty Limited [2017] NSWSC 550 Hearing dates: 6 April 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The appeal be upheld; (2) The judgment given by the Local Court in relation to Mr Reda's claim be set aside; (3) That claim be remitted to the Local Court to be dealt with according to law; and (4) Unless the parties approach to be heard within 14 days, that the defendants pay Mr Reda's costs as agreed or assessed. Catchwords: APPEAL – appeal against Local Court decision - whether primary judge erred in law by misconstruing the nature and effect of pleading admissions and non-admissions – error found – whether primary judge erred in law by ruling that business records were inadmissible – error found – appeal upheld – remittal to Local Court Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Beale v Government Insurance Office of NSW (1977) 48 NSWLR 430 Cakirgoz v Crouch [2008] NSWSC 1124 Pettit v Dunkley [1971] 1 NSWLR 376 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17; [1985] HCA 14 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions P/L & Anor [2004] NSWCA 449 Category: Principal judgment Parties: Ali Reda (Plaintiff) Bear's Group Pty Ltd (First Defendant) Michael Karanfilovski (Second Defendant) Spiro Lozeknovski (Third Defendant) Steve Lozeknovski (Fourth Defendant) Jenny Lozeknovski (Fifth Defendant) John Lewis Douglas Rose (Sixth Defendant) Representation: Counsel: Mr H Grace (Plaintiff) Mr J Loxton (Defendants)