BARING v RUSSELL EDWARDS DESIGN SERVICES PTY LTD [2008] NSWCA 58

BARING v RUSSELL EDWARDS DESIGN SERVICES PTY LTD [2008] NSWCA 58

Leave to appeal and cross-appeal was refused on discretionary grounds because the amount in issue was well below the monetary threshold for appeal as of right, both matters raised no important legal principle, and the disproportionate costs and complexity of further proceedings would not serve the interests of justice. The circumstances did not warrant remitting the matter or interfering with the disposition below.

Parties
First Appellant and First Cross Opponent: Anne Crerar Baring; Second Appellant and Second Cross Opponent: Crerar Baring Interiors Pty Ltd; Respondent and Cross Appellant: Russell Edwards Design Services Pty Ltd
Jurisdiction
Australia
Judgment Date
09 April 2008
Procedural Posture
Application for Leave to Appeal and Cross Appeal / Court of Appeal Determination of Applications for Leave
Outcome
Applications for leave to appeal and leave to cross-appeal dismissed. Certificate under the Suitors' Fund Act 1951 (NSW) granted to the defendants in the Common Law Division (with conditions). No order as to costs.
Legal Topics
Procedural Fairness, Costs, Exercise of Appellate Discretion, Appeal From Local Court, Discretionary Refusal of Leave
Civil Procedure Appeals Procedural Fairness Costs Exercise of Appellate Discretion Appeal From Local Court Discretionary Refusal of Leave

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Parties

Anne Crerar Baring

First Appellant and First Cross Opponent

Crerar Baring Interiors Pty Ltd

Second Appellant and Second Cross Opponent

Russell Edwards Design Services Pty Ltd

Respondent and Cross Appellant

Procedural Posture

Application for Leave to Appeal and Cross Appeal / Court of Appeal Determination of Applications for Leave

Legal Issues

  1. 1 Whether leave to appeal and cross-appeal should be granted from the Supreme Court's judgment upholding appeal from Local Court decision relating to contract claim and costs; Whether procedural unfairness occurred in the Local Court decision against Russell Edwards Design Services Pty Ltd; Whether the Supreme Court erred in substituting its own findings rather than remitting the case; Appropriate exercise of discretion in costs orders.

Ratio Decidendi

Leave to appeal and cross-appeal was refused on discretionary grounds because the amount in issue was well below the monetary threshold for appeal as of right, both matters raised no important legal principle, and the disproportionate costs and complexity of further proceedings would not serve the interests of justice. The circumstances did not warrant remitting the matter or interfering with the disposition below.

Court Disposition

Applications for leave to appeal and leave to cross-appeal dismissed. Certificate under the Suitors' Fund Act 1951 (NSW) granted to the defendants in the Common Law Division (with conditions). No order as to costs.

Orders

  • Dismiss the application for leave to appeal from the judgment of Harrison J delivered on 2 March 2007 in the Common Law Division.
  • Dismiss the application for leave to cross-appeal from the judgment of Harrison J dated 8 March 2007 in the Common Law Division.