Hastings Council v Abbott & Anor [1999] NSWCA 300

Hastings Council v Abbott & Anor [1999] NSWCA 300

Leave to appeal was refused because the amount involved was relatively small, no appropriate significant point of principle was shown, and resolving the asserted issues would require sifting through complicated and possibly inadequate facts rather than determining a generally useful principle.

Jurisdiction
Australia
Judgment Date
13 August 1999
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From a Judgment of the District Court of New South Wales
Outcome
Application for leave to appeal refused with costs; claimant ordered to pay the opponent's costs on an indemnity basis from 2 August 1999.
Legal Topics
['leave to Appeal' 'personal Injuries' 'nonfeasance and Misfeasance' 'indemnity Costs' 'calderbank Letter']
['civil Procedure' 'tort Law' 'costs'] ['leave to Appeal' 'personal Injuries' 'nonfeasance and Misfeasance' 'indemnity Costs' 'calderbank Letter']

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Procedural Posture

Leave to Appeal / Application for Leave to Appeal From a Judgment of the District Court of New South Wales

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in respect of a District Court judgment where the amount involved was $37,500.' 'Whether the asserted point of principle concerning nonfeasance and misfeasance made the matter appropriate for determination by the Court of Appeal.' 'Whether indemnity costs should be ordered from 2 August 1999 following a Calderbank letter.']

Ratio Decidendi

Leave to appeal was refused because the amount involved was relatively small, no appropriate significant point of principle was shown, and resolving the asserted issues would require sifting through complicated and possibly inadequate facts rather than determining a generally useful principle.

Court Disposition

Application for leave to appeal refused with costs; claimant ordered to pay the opponent's costs on an indemnity basis from 2 August 1999.

Orders

  • ['Application for leave to appeal refused.' 'Hastings Council to pay the costs of the application.' "The claimant should pay the opponent's costs on an indemnity basis only from 2 August 1999."]