Attard v Rutkowski [2023] NSWCA 314

Attard v Rutkowski [2023] NSWCA 314

Leave to appeal was refused as the issue concerning the quantum of the invoices was not properly raised in the Local Court proceedings; the applicant failed to put the quantum in issue prior to closing submissions and thus did not demonstrate an issue of principle, question of public importance, or reasonably clear injustice to warrant leave.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
['leave to Appeal' 'evidentiary Requirements' 'quantum of Damages' 'costs' 'practice and Procedure']
['civil Procedure'] ['leave to Appeal' 'evidentiary Requirements' 'quantum of Damages' 'costs' 'practice and Procedure']

Case Brief

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Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted given the quantum in dispute' 'Whether lump sum invoices with no explanation constitute evidence of amount owing' 'Whether the issue concerning quantum was properly raised in the Local Court']

Ratio Decidendi

Leave to appeal was refused as the issue concerning the quantum of the invoices was not properly raised in the Local Court proceedings; the applicant failed to put the quantum in issue prior to closing submissions and thus did not demonstrate an issue of principle, question of public importance, or reasonably clear injustice to warrant leave.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused.' "Order the first applicant to pay the respondents' costs of the application for leave to appeal."]