Robert Lindsay Steele v Maurice Robert Marshan [2012] NSWSC 32

Robert Lindsay Steele v Maurice Robert Marshan [2012] NSWSC 32

None of the grounds raised by the plaintiff established a question of law or mixed law and fact warranting appeal or leave; there was no denial of natural justice, proper opportunity to respond was given, any claim of implied retainer was sufficiently pleaded and argued, and no apprehended or actual bias was shown or timely objected to. The appeal therefore fails and the summons is dismissed.

Jurisdiction
Australia
Judgment Date
07 February 2012
Procedural Posture
Appeal / Decision on Appeal From the Local Court to the Supreme Court of New South Wales
Outcome
Summons dismissed.
Legal Topics
['appeal' 'procedural Fairness' 'costs Disclosure' 'implied Retainer' 'natural Justice' 'bias']
['civil Procedure'] ['appeal' 'procedural Fairness' 'costs Disclosure' 'implied Retainer' 'natural Justice' 'bias']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal From the Local Court to the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether questions of law or mixed law and fact were present to allow the appeal under the Local Court Act 2007' 'Whether there was procedural fairness/natural justice in the Local Court proceedings' 'Whether there was sufficient disclosure under the Legal Profession Act 2004' 'Whether there was an implied retainer between plaintiff and defendant' 'Whether there was actual or apprehended bias by the decision maker']

Ratio Decidendi

None of the grounds raised by the plaintiff established a question of law or mixed law and fact warranting appeal or leave; there was no denial of natural justice, proper opportunity to respond was given, any claim of implied retainer was sufficiently pleaded and argued, and no apprehended or actual bias was shown or timely objected to. The appeal therefore fails and the summons is dismissed.

Court Disposition

Summons dismissed.

Orders

  • ["Order the plaintiff to pay the defendant's costs of the proceedings, including any reserved costs."]