Civic Transport Services Pty Ltd v Wacher Pty Ltd
[2001] VSCA 42
•27 March 2001
SUPREME COURT OF VICTORIA
COURT OF APPEAL Not Restricted
No. 2125 of 1995
| CIVIC TRANSPORT SERVICES PTY. LTD. | Appellant |
| v | |
| WACHER PTY. LTD. | Respondent |
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JUDGES: | BROOKING, TADGELL and PHILLIPS, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATES OF HEARING: | 26 and 27 March 2001 | |
DATE OF JUDGMENT: | 27 March 2001 | |
MEDIUM NEUTRAL CITATION: | [2001] VSCA 42 | |
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No error below – Appeal dismissed.
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APPEARANCES: | Counsel | Solicitors |
For the Appellant | Mr A.C. Archibald, Q.C. with Mr P.G. Willis | Kahns |
| For the Respondent | Mr R.M. Garratt, Q.C. with Mr J.D. Pizer | Clayton Utz |
BROOKING, J.A.:
Mr Archibald has, as one would expect, said everything that can be said in support of this appeal. As we intimated in the course of argument, some of the points raised by him were not put by the appellant to the judge, and, even if they had any substance, could not be relied on now to establish error below.
We are not persuaded that Hansen, J.'s full and careful reasons for decision, dealing as they do with all of the points put to him, contain any significant error, and, accordingly, we must and do dismiss the appeal, that dismissal being with costs.
(Discussion ensued.)
The application for solicitor and client costs is refused, the Court not regarding the case as an appropriate one for such an order.
The order will accordingly be as we have pronounced it.
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