Imad v Image Desktop Publishing & Anor [2000] NSWSC 832

Imad v Image Desktop Publishing & Anor [2000] NSWSC 832

The magistrate erred in law by failing to give adequate reasons for striking out the claim in conversion and by not properly applying the principles relevant to dismissal for want of a triable issue. The appellant should be allowed to proceed with the third party claim in conversion against the first respondent.

Jurisdiction
Australia
Judgment Date
23 August 2000
Procedural Posture
Appeal / Judgment on Appeal From an Interlocutory Decision of the Local Court
Outcome
Appeal allowed in part; matter remitted to Local Court for trial of third party claim in conversion against first respondent; costs orders varied.
Legal Topics
['conversion' 'procedure for Striking Out Claims' 'extension of Time for Appeal']
['civil Procedure' 'torts'] ['conversion' 'procedure for Striking Out Claims' 'extension of Time for Appeal']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From an Interlocutory Decision of the Local Court

Legal Issues

  1. 1 ['Whether the Local Court erred in striking out the third party claim in conversion against the first respondent' 'Whether an application for extension of time for appeal was properly constituted and determined' 'Whether sufficient reasons were given by the magistrate for striking out the conversion claims']

Ratio Decidendi

The magistrate erred in law by failing to give adequate reasons for striking out the claim in conversion and by not properly applying the principles relevant to dismissal for want of a triable issue. The appellant should be allowed to proceed with the third party claim in conversion against the first respondent.

Court Disposition

Appeal allowed in part; matter remitted to Local Court for trial of third party claim in conversion against first respondent; costs orders varied.

Orders

  • ['Time for instituting the appeal is extended to the date of filing of the summons (12 August 1999).' 'Third party claim against the first respondent in matter 12224/97 is remitted to the Local Court to be heard and determined according to law.' "First respondent to pay appellant's costs on the summons, except for...