Relative Mirait Services Pty Ltd v Midcoast Under Road Boring Pty Ltd

Leave to Appeal - application for leave to appeal from Local Court to the Supreme Court - s 40(1), Local Court Act 2007 (NSW) - no question of mixed fact and law raised by the appeal - no denial of procedural fairness - magistrate correctly applied test for implying terms contained in Byrne and Frew v Australian Airlines Ltd (1995) 185 CLR 410 - magistrate did not rely on an implied term of law but correctly implied the term based on fact – magistrate did not draw an inference from facts that could not reasonably be drawn - leave refused

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