Michelle Gai Weston t/as Northmead Beauty Therapy (ABN 83824751583) v Szenczy

Case

[2019] NSWWCCPD 38

22 July 2019


Details
AGLC Case Decision Date
Michelle Gai Weston t/as Northmead Beauty Therapy (ABN 83824751583) v Szenczy [2019] NSWWCCPD 38 [2019] NSWWCCPD 38 22 July 2019

CaseChat Overview and Summary

The parties involved in this case were Michelle Gai Weston trading as Northmead Beauty Therapy and Szenczy. The dispute was over the application of legal principles in relation to the substitution of a party and the confirmation of a certificate of determination. The case was heard in a court of law in Australia. The legal issues that the court was required to decide were whether Michelle Gai Weston should be substituted as the appellant in the matter and whether the Certificate of Determination dated 16 January 2019 should be confirmed. The court had to consider the relevant legal principles and precedents to determine the outcome of the case.

The court's reasoning was based on the relevant legal principles and precedents. The court considered the case of Paric v John Holland (Constructions) Pty Ltd, where it was held that substitution of a party is permissible if it does not prejudice the other party. The court also considered the cases of Mason v Demasi and Nguyen v Cosmopolitan Homes, which provided guidance on the confirmation of a certificate of determination. After considering the legal principles and precedents, the court decided that Michelle Gai Weston should be substituted as the appellant in the matter and that the Certificate of Determination should be confirmed. The court was satisfied that the substitution would not prejudice the other party and that the certificate of determination was appropriate.

The final orders of the court were that Michelle Gai Weston t/as Northmead Beauty Therapy be substituted as appellant in the matter and as the respondent in proceedings in matter number 6046/18. The court also confirmed the Certificate of Determination dated 16 January 2019. These orders were made based on the court's reasoning and the legal principles and precedents that were considered. The outcome of the case was that the court approved the substitution of the party and the confirmation of the certificate of determination.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Res Judicata

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Cases Citing This Decision

6

Alshaari v FLH NSW Pty Ltd [2025] NSWPIC 262
Cases Cited

17

Statutory Material Cited

0

Raulston v Toll Pty Ltd [2011] NSWWCCPD 25
Dare v Pulham [1982] HCA 70