Fresh Produce Pty Limited v Vanguard Logistics Services (Aust) Pty Ltd [2019] NSWSC 1845

Supreme Court New South Wales

Medium Neutral Citation: Fresh Produce Pty Limited v Vanguard Logistics Services (Aust) Pty Ltd [2019] NSWSC 1845 Hearing dates: 15 March 2019 Decision date: 19 December 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) The judgment of his Honour Magistrate Miller dated 12 July 2018 is set aside.

(2) The matter is remitted to the Local Court to be determined according to law, taking into account that the learned magistrate erred in finding that the Ryan recorder was activated on 25 October 2016. Catchwords: APPEALS – appeal from Local Court to Supreme Court – whether the appeal involved a question of law, a question of fact or a question of mixed fact and law – discussion of principles pertaining to granting leave to appeal – where magistrate's inference on a preliminary factual issue was not reasonably open on the evidence – leave to appeal granted – appeal upheld Legislation Cited: Evidence Act 1995 (NSW), s 70 Local Court Act 2007 (NSW), ss 39, 40, 41 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Category: Principal judgment Parties: Fresh Produce Pty Limited (Plaintiff) Vanguard Logistics Services (Aust) Pty Ltd (Defendant) Representation: Counsel: A J Greinke (Plaintiff) C O Gleeson (Defendant)

Solicitors: Auyeung Hencent & Day (Plaintiff) Holding Redlich (Defendant) File Number(s): 2018/244166 Decision under appeal Court or tribunal: Local Court Date of Decision: 12 July 2018 Before: Miller LCM File Number(s): 2017/85495