Essay by michelle9182College, UndergraduateB, August 2004

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CLAW 1001 Commercial Transactions A

Court Report

1. Background details

Name of court visited: Local Court

Courtroom 5.6 Downing Center Level 5

143-147 Liverpool St, Sydney

Date of visit: 16th August 2004

Name of the Case: Keller v Toyota Motor Co. (2004)

Name of Presiding Magistrate: Madgwick

Plaintiff: Michael Keller

Subject matter of the case:

It was a civil matter. The defendant is a manufacturer of automobiles. It sold an automobile to a retail dealer. The retail dealer resold to the plaintiff. While the plaintiff was in the car it suddenly collapsed. He was thrown out and injured. One of the wheels was made of sensitive material, and its spokes crumbled into fragments. The defendant did not make the wheel; it was from another manufacturer.

Representation of parties:

Both of the parties were represented by solicitors. Solicitor who was called Smith, represented the plaintiff; and Kean represented the defendant.

2. Layout of the court

The panel that is in the top of the courtroom is for the magistrate and in front of that panel is the place for the depositions clerk or recorder. On the left hand side is the place for the witness or someone who will tell the testimony and on the right hand side is the place for the writer or recorder. The seats for the public gallery are located near the entry door and the opposite of the magistrate panel. In the middle of the room there is a place for the defendant who seats on the left hand side and plaintiff on the right hand side that in this case is the crown. The layout of the court is diagrammatically represented in Page 6.

3. Court proceedings

When the magistrate came into the room, everyone bowed to the magistrate. The court proceeding was started...