Wilson v Tetley [2003] NSWCA 124

Leave to appeal should be refused due to small amount of money involved, absence of any important point of principle, and claimant's difficulty in proving his case at trial on the objective facts.

Jurisdiction: Australia
Judgment Date: 16 May 2003
Procedural Posture: Application for Leave to Appeal / Heard Concurrently With Appeal; Decision
Outcome: Application for leave to appeal dismissed with costs.
Legal Topics: ['leave to Appeal' 'adequacy of Damages' 'disclosure of Information' 'contractual Entitlement']

['contract Law'] ['leave to Appeal' 'adequacy of Damages' 'disclosure of Information' 'contractual Entitlement']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal / Heard Concurrently With Appeal; Decision

Legal Issues

1 ['Whether leave to appeal should be granted given the factual dispute and lack of important point of principle' 'Whether damages are an adequate remedy compared to contractual right to information' 'Whether the opponent provided the information about the sire']

Ratio Decidendi

Leave to appeal should be refused due to small amount of money involved, absence of any important point of principle, and claimant's difficulty in proving his case at trial on the objective facts.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

['Summons dismissed with costs.']