CAMILLERI v PUDIG [1999] NSWCA 257

CAMILLERI v PUDIG [1999] NSWCA 257

Leave to appeal was refused because Windeyer J did not disclose any error of principle or application of principle in holding that the Magistrate's findings on knowledge and reliance were open, and the case was not appropriate for a grant of leave.

Jurisdiction
Australia
Judgment Date
16 July 1999
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From a Supreme Court Decision Dismissing a Stated Case From Local Court Proceedings
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['stated Case From Magistrate' 'leave to Appeal' 'second Hand Car Sale' 'misrepresentation' 'reliance' 'drawing Inferences of Fact']
['civil Procedure' 'negligent Misrepresentation' 'consumer Sale of Motor Vehicle'] ['stated Case From Magistrate' 'leave to Appeal' 'second Hand Car Sale' 'misrepresentation' 'reliance' 'drawing Inferences of Fact']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From a Supreme Court Decision Dismissing a Stated Case From Local Court Proceedings

Legal Issues

  1. 1 ['Whether it was open to the Magistrate to find that the claimant knew of the false service booklet entries.' 'Whether it was open to the Magistrate to find that the opponent relied on the representation when deciding to purchase the vehicle.' "Whether Windeyer J erred in concluding that the Magistrate's findings were open." 'Whether alleged misapplication of established principle justified granting leave to appeal.']

Ratio Decidendi

Leave to appeal was refused because Windeyer J did not disclose any error of principle or application of principle in holding that the Magistrate's findings on knowledge and reliance were open, and the case was not appropriate for a grant of leave.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application is dismissed with costs.']