Pel Air Aviation Pty Limited v Rossi & Anor [2007] NSWSC 1056

Pel Air Aviation Pty Limited v Rossi & Anor [2007] NSWSC 1056

The appeal fails because the Magistrate was not required to deduct bond moneys from the judgments in the absence of a pleaded set-off or cross-claim; the disallowance of rectification costs was based on the plaintiff's failure to discharge the onus of proof; no error was shown in costs orders.

Parties
Plaintiff: Pel Air Aviation Pty Limited; First Defendant: Robert Rossi; Second Defendant: Anthony Rossi
Jurisdiction
Australia
Judgment Date
27 September 2007
Procedural Posture
Appeal / Supreme Court of New South Wales, Common Law Division, Determination of Appeal and Cross Appeal Against Local Court Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Lease Disputes, Bond Moneys, Set Off, Rectification Costs, Appeals
Contract Law Property Law Lease Disputes Bond Moneys Set Off Rectification Costs Appeals

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Parties

Pel Air Aviation Pty Limited

Plaintiff

Robert Rossi

First Defendant

Anthony Rossi

Second Defendant

Procedural Posture

Appeal / Supreme Court of New South Wales, Common Law Division, Determination of Appeal and Cross Appeal Against Local Court Judgment

Legal Issues

  1. 1 Whether the Magistrate erred in failing to deduct bond moneys from the judgment debts
  2. 2 Whether disallowed rectification costs were properly assessed
  3. 3 Whether the costs order made by the Magistrate was in error

Ratio Decidendi

The appeal fails because the Magistrate was not required to deduct bond moneys from the judgments in the absence of a pleaded set-off or cross-claim; the disallowance of rectification costs was based on the plaintiff's failure to discharge the onus of proof; no error was shown in costs orders.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • The Summons is dismissed.
  • The plaintiff is to pay the costs of the Summons.