ICTA Investments Pty. Ltd. trading as Jolly Roger & Anor. v. GE Commercial Corporation (Australia) Pty. Ltd. & Anor.(No. 2) [2006] NSWCA 341

The proposed orders were appropriate, so the Court made orders in those terms.

Jurisdiction: Australia
Judgment Date: 07 December 2006
Procedural Posture: Contract Appeal / Orders on Written Material in Chambers
Outcome: Orders of Associate Justice Malpass set aside; appeal to the Supreme Court allowed; orders of Magistrate Huber set aside; judgment entered against the First Respondent; First Respondent ordered to pay costs.
Legal Topics: ['orders Giving Effect to Decision [2006] NSWCA 290' 'costs']

['contract'] ['orders Giving Effect to Decision [2006] NSWCA 290' 'costs']

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Procedural Posture

Contract Appeal / Orders on Written Material in Chambers

Legal Issues

1 ["What orders should be made to give effect to the Court's decision [2006] NSWCA 290."]

Ratio Decidendi

The proposed orders were appropriate, so the Court made orders in those terms.

Court Disposition

Orders of Associate Justice Malpass set aside; appeal to the Supreme Court allowed; orders of Magistrate Huber set aside; judgment entered against the First Respondent; First Respondent ordered to pay costs.

Orders

['The orders of Associate Justice Malpass made on 11 July 2005 in Supreme Court Proceedings 14232/04 are set aside, and in lieu thereof the following orders are made: (i) The appeal to the Supreme Court by the Appellants against the orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings...