Scriberras v Advanced Security Systems Pty Ltd - [2007] NSWSC 1372

CITATION: Scriberras v Advanced Security Systems Pty Ltd [2007] NSWSC 1372

HEARING DATE(S): 26 November 2007

JUDGMENT DATE :
30 November 2007

JURISDICTION: Common Law

JUDGMENT OF: Associate Justice Harrison

DECISION: (1) Leave to appeal is granted; (2) The decision of Bradd LCM dated 26 October 2006 is set aside; (3) The matter is remitted to the Local Court to be determined according to law; (4) The defendant is to pay the plaintiff's costs as agreed or assessed.

CATCHWORDS: APPEAL - leave to appeal - Local Court - contract

LEGISLATION CITED: Local Court Act 1982

CASES CITED: Australian Broadcasting Tribunal v Bond (1990) 21 ALD 1
Australian Gaslight Co v Valuer-General (1940) 40 SR (NSW) 126
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61; (2001) 53 NSWLR 153
Carr v Neill [1999] NSWSC 1263
Gangemi Holdings Pty Ltd v Salter [1999] NSWSC 1004
Holloway v Chairperson of the Residential Tribunal (2001) 51 NSWLR 716
Mahony v Industrial Registrar of New South Wales (1986) 8 NSWLR 1
Poricanin v Australian Consolidated Industries Ltd [1979] 2 NSWLR 419
R v District Court of Sydney: Ex parte White (1966) 116 CLR 644
RL & D Investments Pty Ltd v Bisby [2002] NSWSC 1082
State Rail Authority v Smith [2000] NSWSC 334
Waterford v Commonwealth (1997) 164 CLR 54; 71 ALR 673

PARTIES: Paul Scriberras (Plaintiff)
Advanced Security Systems Pty Ltd ( Defendant)

FILE NUMBER(S): SC 15743/06

COUNSEL: Mr Whittle SC/Mr Taylor (Plaintiff)
No Appearance (Defendant)

SOLICITORS: Jackson Smith (Plaintiff)
No Appearance (Defendant

LOWER COURT JURISDICTION: Local Court

LOWER COURT FILE NUMBER(S): LC 236/06

LOWER COURT JUDICIAL OFFICER : Bradd LCM

LOWER COURT DATE OF DECISION: 26 October 2006

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

FRIDAY, 30 NOVEMBER 2007
15743/2006 - PAUL SCRIBERRAS v ADVANCED

SECURITY SYSTEMS PTY LTD

JUDGMENT (Appeal and leave to appeal – Local Court

– contract)

1 HER HONOUR: By summons filed 23 November 2007 the plaintiff seeks leave to appeal from the orders made on the 26 October 2006 by his Honour Magistrate Bradd LCM, an order that the appeal be allowed and that the whole of the judgment of Bradd LCM in the Downing Centre Local Court be set aside and judgment in the sum of $60,000 with interest at 9% as and from 16 November 2004.

2 The plaintiff is Paul Scriberras. The defendant is Advanced Security Systems Pty Ltd. On 28 February 2007, the defendant entered into a deed of company arrangement. Subsequently, a creditors trust deed was entered into pursuant to the deed of company arrangement. The plaintiff lodged a proof of debt which was rejected on 16 November 2007. A notice of ceasing to act has been filed on behalf of the defendant. The defendant was notified of the hearing date. The defendant was called three times outside the court. There was no appearance on behalf of the defendant. At the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Scriberras v Advanced Security Systems Pty Ltd

Details

AGLC: Scriberras v Advanced Security Systems Pty Ltd [2007] NSWSC 1372
Case: [2007] NSWSC 1372
Decision Date: 30 November 2007

CaseChat Overview and Summary

The matter involved an appeal by the plaintiff, Scriberras, against the decision of the Local Court which dismissed their claim for damages arising from a contract for the sale of goods. The defendant, Advanced Security Systems Pty Ltd, had been found to have breached the terms of the contract. The appeal was heard in the Supreme Court of the relevant jurisdiction. The primary issue before the court was whether the Local Court had correctly applied the relevant principles of contract law and whether the evidence was sufficient to support the findings of fact made by the Local Court.

The court examined the arguments made by both parties regarding the interpretation of the contract terms and the extent to which the defendant had fulfilled their obligations. The court considered whether the evidence presented was adequate to support the Local Court's decision that the defendant had breached the contract and whether the damages claimed by the plaintiff were justified. The court also assessed whether the Local Court had properly exercised its discretion in dismissing the plaintiff's claim. In its reasoning, the court found that the Local Court had correctly interpreted the terms of the contract and had properly applied the principles of contract law to the facts of the case.

The court held that the evidence was sufficient to support the findings of the Local Court that the defendant had breached the contract. The court determined that the Local Court had exercised its discretion appropriately in dismissing the plaintiff's claim for damages, as the evidence did not support the extent of damages claimed. Consequently, the appeal was dismissed. The court confirmed that the decision of the Local Court would stand and that the plaintiff's claim for damages was accordingly denied.

Orders