Coshott & v Shipton Lodge Cobbitty Pty Ltd

[2006] NSWCA 316

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Formation
3. › Contract by conduct
4. › Course of dealing
5. › Agistment of horses
6. › Whether contract established by course of dealing where no express agreement as to terms
1. Bailment
2. › Standard of care
3. › Gratuitous and non-gratuitous bailment
4. › Whether standard of utmost care or reasonable skill and care applies
1. Appeal
2. › Competency of appeal
3. › Monetary threshold for appeal as of right
4. › Whether costs included in determining value of matter at issue
5. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Appeal
2. › Leave to appeal
3. › Appeal from dismissal of appeal from Local Court
4. › Error of law
5. › Local Courts Act 1982 (NSW), ss 73, 74
6. › Local Court (Civil Claims) Act 1970 (NSW), s 69

Quick Take

Costs awarded at first instance are excluded from the calculation of the value of the matter at issue for the purposes of the $100,000 appeal threshold under s 101(2)(r) of the Supreme Court Act 1970 (NSW), and separate matters should not be accumulated to meet the threshold. The standard of care for a bailee is reasonable skill and care, not utmost care.