Tim Lawson Bulk Cartage Pty Ltd v Warwick Petersen t/as Riverina Truck Electrics [2017] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Tim Lawson Bulk Cartage Pty Ltd v Warwick Petersen t/as Riverina Truck Electrics [2017] NSWSC 1131 Hearing dates: 17 August 2017 Date of orders: 31 August 2017 Decision date: 31 August 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) An order in the nature of certiorari quashing the decision of Magistrate Pierce in the Local Court made first on 13 March 2017 and affirmed on 22 March 2017.

(2) An order in the nature of mandamus directing a magistrate other than Magistrate Pierce to hear and determine the Plaintiff's claim according to law.

(3) An order that the Defendant pay the Plaintiff's costs of the proceedings in this Court.

(4) The Defendant is to have a certificate under the Suitors' Fund Act 1951 (NSW).

(5) The costs of the proceedings before Magistrate Pierce are to be determined by the Local Court after the proceedings have been re-heard. Catchwords: ADMINISTRATIVE LAW – judicial review – whether the plaintiff was denied procedural fairness – Local Court proceedings - claim for damages for breach of implied term of contract to carry out work or alternatively breach of duty of care – truck fire caused by frayed battery lead and fuel hose – direction to parties to lodge written submissions at conclusion of hearing - Magistrate overlooked Plaintiff's written submissions – Magistrate incorrectly stated that Plaintiff made oral submissions – Magistrate later affirmed his decision without altering his judgment or reasons – failure to respond to substantial, clearly articulated argument – denial of procedural fairness established – whether order in the nature of certiorari should be refused for discretionary reasons - decision quashed and remitted for determination by a different Magistrate Legislation Cited: Liquor Act 1982 (NSW) Local Court Act 2007 (NSW) Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: AAMI Ltd v Ali [2012] NSWSC 969 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649; [2009] NSWCA 258 J v Lieschke (1987) 162 CLR 447 Kioa v West (1985) 159 CLR 550 Meagher v Stephenson (1993) 30 NSWLR 736 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (Court of Appeal, 8 April 1993, Unrep) Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Category: Principal judgment Parties: Tim Lawson Bulk Cartage Pty Ltd (Plaintiff) Warwick Petersen t/as Riverina Truck Electrics (Defendant) Representation: Counsel: A Parker (Plaintiff) J Gruzman (Defendant)