Moskios v Splendid Developments Pty Ltd; Bishay v Moskios [2011] NSWCA 210

Moskios v Splendid Developments Pty Ltd; Bishay v Moskios [2011] NSWCA 210

Leave to appeal from the interlocutory orders should not be granted because the grounds have insufficient prospects of success and would not prevent a trial; the proper exercise of discretion by the primary judge is not open to serious challenge under the applicable principles.

Parties
Applicant/respondent: Terry Moskios; Appellant/applicant: Reda Bishay; Appellant/applicant: Splendid Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
25 July 2011
Procedural Posture
Appeal / Leave to Appeal Interlocutory Applications
Outcome
Leave to appeal dismissed with costs. Mr Bishay and Splendid Developments ordered to pay costs of Mr Moskios' application; Moskios' application discontinued.
Legal Topics
Leave to Appeal From Interlocutory Decisions, Amendment of Pleadings, Withdrawal of Admissions, Costs, Interlocutory Orders, Res Judicata, Estoppel
Civil Procedure Appeals Leave to Appeal From Interlocutory Decisions Amendment of Pleadings Withdrawal of Admissions Costs Interlocutory Orders Res Judicata +1 more

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Parties

Terry Moskios

Applicant/respondent

Reda Bishay

Appellant/applicant

Splendid Developments Pty Ltd

Appellant/applicant

Procedural Posture

Appeal / Leave to Appeal Interlocutory Applications

Legal Issues

  1. 1 Whether leave to appeal from interlocutory orders should be granted
  2. 2 Whether primary judge erred in granting leave to amend Statement of Claim
  3. 3 Whether primary judge erred in granting leave to withdraw admissions

Ratio Decidendi

Leave to appeal from the interlocutory orders should not be granted because the grounds have insufficient prospects of success and would not prevent a trial; the proper exercise of discretion by the primary judge is not open to serious challenge under the applicable principles.

Court Disposition

Leave to appeal dismissed with costs. Mr Bishay and Splendid Developments ordered to pay costs of Mr Moskios' application; Moskios' application discontinued.

Orders

  • The summons seeking leave to appeal, that Mr Bishay brings concerning the decision of her Honour Judge Gibb, is dismissed with costs.
  • Mr Bishay and Splendid Developments ordered to pay the costs of the application brought by Mr Moskios.