APPEAL FROM LOCAL COURT - reasons for decision - whether reasons of the Magistrate adequate - where reasons did not expose the reasoning process and contained no determination of one of the issues between the parties - where defendant filed notice of contention - where resolution of notice of contention would involve making new findings of fact - limitations placed upon appellate court in dealing with the notice of contention in view of the nature of the appeal
PRACTICE AND PROCEDURE - reasons for decision - whether reasons of Magistrate adequate - need to adequately expose the process of reasoning leading to findings of fact - need for unsuccessful party to be able to ascertain, from the reasons, why he or she was unsuccessful
COSTS - where costs order made in favour of party who was substantially successful - where application for interest on costs refused - where reasons did not identify the basis of refusal
Case Details
Citation[2013] NSWSC 1161
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 2 later cases that cite this judgment.