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Smith v Dayman

Smith v Dayman

Case [1994] NSWCA 286 9 September 1994

Civil Procedure

Negligence & Tort

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Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: SMITH v DAYMAN and ORS [1994] NSWCA 286
Decision date: 09 September 1994

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AGLC: Smith v Dayman [1994] NSWCA 286
Case: [1994] NSWCA 286
Decision Date: 09 September 1994

CaseChat Overview and Summary

In *Smith v Dayman and Ors*, the New South Wales Court of Appeal considered a dispute between the appellant, Smith, and the respondents, Dayman and others. The precise nature of the dispute is not detailed in the provided text, but it was brought before the Court of Appeal for determination.

The central legal issue before the Court of Appeal was to determine the appropriate interpretation and application of certain legal principles relevant to the dispute between the parties. The court was required to consider the legal arguments presented by both sides and arrive at a decision based on the applicable law.

The court's reasoning and the legal principles it applied are not elaborated upon in the provided text. However, the decision of the Court of Appeal, delivered on 9 September 1994, represents the final determination of the matter at that level of the judiciary.

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Citations

Smith v Dayman [1994] NSWCA 286

Most Recent Citation

Ebert v Ebert [2008] NSWSC 1206

Cases Citing This Decision

6

Jurak v Latham [2023] NSWSC 1318
Citation 1 (Para 33)

…ners of the purported notional estate, as defendants, in addition to the joinder of the representative of the deceased’s estate: Smith v Dayman [1994] NSWCA 286 at 4 per Handley JA; Yee v Yee [2017] NSWCA 305 ( Yee v Yee ) at [196]-[198], [205]-[209] per Gleeson JA (McColl JA at [191] and Simpson JA – as her Honour…
Nielsen v Kongspark [2019] NSWSC 1821
Citation 2 (Para 23)

…In Smith v Dayman [1994] NSWCA 286, Handley JA had earlier remarked that “[a] court could not, ordinarily, make orders designating property as notional estate without the owners being parties to the proceedings”. Both of these decisions were recently referred to by Gleeson JA (with whom Simpson JA agreed) in Yee v…
Soens v Rathborne [2018] NSWSC 302
Citation 3 (Para 10)

…In Smith v Dayman [1994] NSWCA 286, Handley JA had earlier remarked that “[a] court could not, ordinarily, make orders designating property as notional estate without the owners being parties to the proceedings”. Both of these decisions were recently referred to by Gleeson JA (with whom Simpson JA agreed) in Yee v…
Oxley v Oxley [2018] NSWSC 91
Citation 4 (Para 26)

…Handley JA had earlier remarked, in Smith v Dayman [1994] NSWCA 286, that “[a] court could not ordinarily make orders designating property as notional estate without the owners being parties to the proceedings”. Both of these decisions were recently referred to by Gleeson JA (with whom Simpson JA agreed) in Yee v Y…
Yee v Yee [2017] NSWCA 305
Citation 5 (Para 196)

…notional estate as defendants, in addition to the joinder of the representative of the deceased’s estate. As Handley JA remarked in Smith v Dayman [1994] NSWCA 286, “[a] court could not ordinarily make orders designating property as notional estate without the owners being parties to the proceedings”.…
Ebert v Ebert [2008] NSWSC 1206
Citation 6

…ert (1946) 46 SR NSW 318 Robinson v Tame (Court of Appeal, 9 December 1994, unreported) Singer v Berghouse (No 2) (1994) 181 CLR 201 Smith v Dayman [1994] NSWCA 286 Warren v McKnight (1996) 40 NSWLR 390 Wenham v General Credits Ltd (McLelland J, 16 December 1988, unreported) TEXTS CITED: De Groot and Nickel, Family…

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