Iannella v Stirans by her tutor the NSW Trustee & Guardian [2019] NSWSC 1181

Supreme Court New South Wales

Medium Neutral Citation: Iannella v Stirans by her tutor the NSW Trustee & Guardian [2019] NSWSC 1181 Hearing dates: 22 November 2018 Decision date: 10 September 2019 Jurisdiction: Common Law Before: McCallum J Decision: (1) Refuse leave in respect of grounds (1) and (4); (2) Otherwise dismiss the appeal; (3) Order the plaintiff to pay the defendant's costs. Catchwords: APPEALS – appeal from Local Court – claim by elderly widow to recover amounts withdrawn from her bank account by a neighbour who had authority to operate the account – where claim confused common law and equitable causes of action – proper characterisation of magistrate's decision – jurisdiction of Local Court to determine common money count Legislation Cited: Local Court Act 1970 (NSW), ss 39, 40 Cases Cited: Albanis v Eleftheriou [2014] NSWSC 416 Cho v Park [2016] NSWSC 871 Driclad Pty Ltd v Federal Commissioner of Taxation [1968] HCA 91; (1968) 121 CLR 45 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Roy Morgan Research Centre Pty Ltd v Wilson Market Research Pty Ltd (No 2) (1996) 20 ACSR 170 Ji v Firth [2013] NSWSC 186 Category: Principal judgment Parties: Gerardo Iannella (plaintiff) Anna Stirans by her tutor the NSW Trustee & Guardian (defendant) Representation: Counsel: F Sinclair (plaintiff) M Klooster, W Richey (defendant)