Prieston v Warwick John Williams Pty Ltd [2017] NSWSC 1577

Supreme Court New South Wales

Medium Neutral Citation: Prieston v Warwick John Williams Pty Ltd [2017] NSWSC 1577 Hearing dates: 12 May 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Common Law Before: Bellew J Decision: 1. The proceedings are dismissed.

2. Absent agreement as to costs, the parties are to provide written submissions, not exceeding two pages in length, by 28 November 2017. Catchwords: APPEAL – Appeal from decision of Magistrate in the Local Court in proceedings involving a dispute over a management agreement – Whether grounds raised questions of law or questions of mixed fact and law – Where appellant asserted in respect of some of the grounds that there was no evidence to support the Magistrate's findings – No ground of appeal made out - Proceedings dismissed Legislation Cited: Civil Liability Act 2002 (NSW) Local Court Act 2007 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Azzopardi v Tasman UBE Industries Pty Limited (1985) 4 NSWLR 139 Insurance Australia Limited v O'Shannessy [2015] NSWSC 1047; (2015) 72 MVR 1 L & B Linings Pty Limited v WorkCover Authority of New South Wales [2012] NSWCA 15 Panayiotou v Prieston [2013] NSWADT 273 State Rail Authority v Earthline Constructions (1999) 160 ALR 588; [1999] HCA 3 Category: Principal judgment Parties: Anna Prieston – Appellant Warwick John Williams Pty Limited - Respondent Representation: Counsel: E Chrysostomou – Appellant T E O'Brien - Respondent