GORCZYNSKI v PERERA & ANOR [2003] NSWCA 211

GORCZYNSKI v PERERA & ANOR [2003] NSWCA 211

The lower courts correctly found that the respondents were justified in commencing proceedings as the claimant had not provided the necessary keys and had not remedied the lack of access; the application for leave to appeal has no merit and should be dismissed with costs.

Parties
Claimant: Peter Francis Gorczynski; First Opponent: Ravini Nelvka Perera; Second Opponent: Rebecca Patricia Dee
Jurisdiction
Australia
Judgment Date
28 July 2003
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Costs, Costs Assessment, Costs Review
Practice and Procedure Leave to Appeal Costs Costs Assessment Costs Review

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Francis Gorczynski

Claimant

Ravini Nelvka Perera

First Opponent

Rebecca Patricia Dee

Second Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the lower court erred in awarding costs against the claimant
  2. 2 Whether the claimant had provided the necessary keys prior to the proceedings
  3. 3 Whether the opponents were justified in instituting proceedings

Ratio Decidendi

The lower courts correctly found that the respondents were justified in commencing proceedings as the claimant had not provided the necessary keys and had not remedied the lack of access; the application for leave to appeal has no merit and should be dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal is dismissed with costs.