Corcoran v Far [2020] NSWCA 140

Corcoran v Far [2020] NSWCA 140

No error of principle or question of public importance arises, and challenges to primary judge's reasons do not rise even to being merely arguable; leave to appeal is refused as issues raised are not questions of law suitable for appeal.

Parties
Applicant: Aaron Corcoran; Respondent: Peter Far
Jurisdiction
Australia
Judgment Date
13 July 2020
Procedural Posture
Application for Leave to Appeal / Final Determination
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Tenancy Dispute, Damages, Court of Appeal, Appeal on Questions of Law
Civil Procedure Leave to Appeal Tenancy Dispute Damages Court of Appeal Appeal on Questions of Law

Case Brief

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Parties

Aaron Corcoran

Applicant

Peter Far

Respondent

Procedural Posture

Application for Leave to Appeal / Final Determination

Legal Issues

  1. 1 Whether leave to appeal should be granted from orders made in the Common Law Division
  2. 2 Whether errors alleged raise a question of law
  3. 3 Whether compensation for non-economic loss due to psychiatric injury is precluded by s 3B(1)(a) of the Civil Liability Act 2002 (NSW)

Ratio Decidendi

No error of principle or question of public importance arises, and challenges to primary judge's reasons do not rise even to being merely arguable; leave to appeal is refused as issues raised are not questions of law suitable for appeal.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • The summons for leave to appeal is dismissed with costs.