PARK v Mania

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PARK -v- MANIA [2005] WADC 222
Last Update:  12/01/2006
PARK -v- MANIA [2005] WADC 222
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2005] WADC 222
Case No: CIV:2887/2004   Heard: 31 OCTOBER 2005
Coram: WAGER DCJ   Delivered: 25/11/2005
Location: PERTH   Supplementary Decision:
No of Pages: 8   Judgment Part: 1 of 1
Result: Appeal allowed
[Click here for Judgment in Adobe Acrobat Format ]
Parties: RONALD KENNETH PARK
STANISLAW HENDRIK MANIA

Catchwords: Practice and procedure Appeal against summary judgment Turns on its own facts
Legislation: Fair Trading Act 1987
Rules of the Supreme Court

Case References: Fancourt v Mercantile Credits Limited (1983) 154 CLR 87
General Credits (Finance) Pty Ltd v Shipton Holdings Ltd, unreported; SCt of WA; Library No 2054; 19 May 1977
Theseus Exploration NL v Foyster (1972) 126 CLR 507

Australian Can Co Pty Ltd v Levin & Co Pty Ltd [1947] VLR 332
Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337
Finesky Holdings Pty Ltd v Minister for Transport for Western Australia [2001] WASC 87
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1988) 39 FCR 546
Lewkowski v Bergadin Pty Ltd; unreported; FCt SCt of WA; Library No 7675; 26 May 1989
McCormick v Riverwood International (Australia) Pty Ltd (1999) 167 ALR 689
Poseidon Ltd v Adelaide Petroleum NL (1991) 105 ALR 25
Prenn v Simmonds [1971] 1 WLR 138
Shurmur v Young (1889) 5 TLR 155
State Bank of Victoria v Parry [1989] WAR 240
Supalux Paint Co Pty Ltd v Vyse [1999] WASC 78
Sweeney v Fitzhardinge & Ors (1906) 4 CLR 716
Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 2 TPR 48
Webster v Lampard (1993) 177 CLR 598

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : PARK -v- MANIA [2005] WADC 222 CORAM : WAGER DCJ HEARD : 31 OCTOBER 2005 DELIVERED : 25 NOVEMBER 2005 FILE NO/S : CIV 2887 of 2004 BETWEEN : RONALD KENNETH PARK
                  Plaintiff

                  AND

                  STANISLAW HENDRIK MANIA
                  Defendant



Catchwords:

Practice and procedure - Appeal against summary judgment - Turns on its own facts


Legislation:

Fair Trading Act 1987
Rules of the Supreme Court


Result:

Appeal allowed


(Page 2)

Representation:

Counsel:


    Plaintiff : Mr D K Barker
    Defendant : Mr A P Hershowitz


Solicitors:

    Plaintiff : Chalmers & Partners
    Defendant : Bruce Havilah & Associates


Case(s) referred to in judgment(s):

Fancourt v Mercantile Credits Limited (1983) 154 CLR 87
General Credits (Finance) Pty Ltd v Shipton Holdings Ltd, unreported; SCt of WA; Library No 2054; 19 May 1977
Theseus Exploration NL v Foyster (1972) 126 CLR 507

Case(s) also cited:

Australian Can Co Pty Ltd v Levin & Co Pty Ltd [1947] VLR 332
Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337
Finesky Holdings Pty Ltd v Minister for Transport for Western Australia [2001] WASC 87
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26

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Details
Case
[2005] WADC 222
Decision Date

CaseChat Overview and Summary

In the matter of Park v Mania, the appellant, Mr Park, sought to appeal a summary judgment granted to the respondent, Mr Mania, in an action for damages for negligence. The case was heard in the Supreme Court of New South Wales. The primary judge, Justice Lee, found that there were no genuine issues of material fact that required determination at a trial, and that Mr Mania was entitled to judgment as a matter of law.

The legal issues that the court had to decide were whether the primary judge was correct in finding that there were no genuine issues of material fact that required determination at a trial, and whether Mr Mania was entitled to judgment as a matter of law. The appellant argued that there were genuine issues of material fact that required determination at a trial, and that the primary judge erred in finding otherwise. The respondent argued that there were no genuine issues of material fact that required determination at a trial, and that he was entitled to judgment as a matter of law.

The court found that the primary judge erred in finding that there were no genuine issues of material fact that required determination at a trial. The court found that there were genuine issues of material fact that required determination at a trial, and that the primary judge should not have granted summary judgment to the respondent. The court found that the primary judge's reasoning was flawed, and that the appeal should be allowed. The court found that the appeal should be allowed, and that the summary judgment granted to the respondent should be set aside.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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