US MANUFACTURING CO PTY LIMITED v ABB SERVICE PTY LIMITED [2008] NSWSC 705

US MANUFACTURING CO PTY LIMITED v ABB SERVICE PTY LIMITED [2008] NSWSC 705

The Magistrate's decision was not erroneous in point of law because factual findings were reasonably open on the evidence concerning the quantity and nature of gearboxes delivered, the credibility preferences for the defendant's witnesses were explained, and there was no legally significant failure in consideration of objective evidence or in provision of reasons. No question of mixed law and fact requiring leave to appeal was established.

Parties
Plaintiff/appellant: US Manufacturing Co Pty Limited; Defendant/respondent: ABB Service Pty Limited
Jurisdiction
Australia
Judgment Date
15 July 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed; application for leave to appeal refused
Legal Topics
Appeal on Point of Law, Adequacy of Reasons, Onus of Proof, Contract for Goods Supplied
Civil Procedure Appeal on Point of Law Adequacy of Reasons Onus of Proof Contract for Goods Supplied

Case Brief

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Parties

US Manufacturing Co Pty Limited

Plaintiff/appellant

ABB Service Pty Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Local Court decision was erroneous in point of law under s.73(1) Local Courts Act 1982
  2. 2 Whether there was a question of mixed law and fact justifying leave to appeal under s.74 Local Courts Act 1982
  3. 3 Whether the Magistrate failed to give adequate reasons for preferring defendant's witnesses and rejecting plaintiff's evidence

Ratio Decidendi

The Magistrate's decision was not erroneous in point of law because factual findings were reasonably open on the evidence concerning the quantity and nature of gearboxes delivered, the credibility preferences for the defendant's witnesses were explained, and there was no legally significant failure in consideration of objective evidence or in provision of reasons. No question of mixed law and fact requiring leave to appeal was established.

Court Disposition

appeal dismissed; application for leave to appeal refused

Orders

  • The appeal is dismissed.
  • The plaintiff may lodge submissions on costs with my associate within 10 days of the date of this judgment and serve a copy upon the defendant. If no submissions are made within that period then the plaintiff is to pay the defendant's costs.