ICTA Investments Pty. Ltd. trading as Jolly Roger & Anor. v. GE Commercial Corporation (Australia) Pty. Ltd. & Anor.(No. 2)

THE COURT: In accordance with directions given on 2 November 2006, Mr. Raice has submitted short minutes of order. The respondent indicated that it did not propose,to make any submissions concerning them. The proposed orders are appropriate, and so the Court orders as follows: 1. The orders of Associate Justice Malpass made on 11 July 2005 in Supreme Court Proceedings 14232/04 are set aside, and in lieu thereof the following orders are made: (i) The appeal to the Supreme Court by the Appellants against the orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 is allowed; (ii) The orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 are set aside, and in lieu thereof judgment is entered against the First Respondent: (a) in favour of the First Appellant in the amount of $2,067.52, with interest in the amount of $741.87, and with costs; and (b) in favour of the Second Appellant, with costs. 2. The First Respondent is to pay the Appellants' costs of Supreme Court Proceedings 14232/04. 3. The First Respondent is to pay the Appellant’s costs of the appeal, including the application for leave to appeal.