COSHOTT v B & W WINDOWS PTY LTD [2006] NSWSC 1051

COSHOTT v B & W WINDOWS PTY LTD [2006] NSWSC 1051

The plaintiff failed to discharge the onus of proving error in law; evidentiary deficiencies in the plaintiff's case justified dismissal of the claim; the Magistrate did not err by referring to Marilyn Scott's evidence, and the claim for restitution was inadequately pleaded and unsupported.

Jurisdiction
Australia
Judgment Date
11 October 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['breach of Contract' 'restitution' 'evidence']
['contract Law'] ['breach of Contract' 'restitution' 'evidence']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Magistrate erred in law by failing to deal with or rule upon the restitution claim' 'Whether the Magistrate erred in law by relying upon material that was not properly before the Court']

Ratio Decidendi

The plaintiff failed to discharge the onus of proving error in law; evidentiary deficiencies in the plaintiff's case justified dismissal of the claim; the Magistrate did not err by referring to Marilyn Scott's evidence, and the claim for restitution was inadequately pleaded and unsupported.

Court Disposition

appeal dismissed

Orders

  • ['The appeal fails.' 'The summons is dismissed.' 'The plaintiff is to pay the costs of proceedings.']