Kostov v Amelie Housing [2018] NSWSC 1800

Kostov v Amelie Housing [2018] NSWSC 1800

No reasonable cause of action or formulated basis for leave to appeal was disclosed, the notice of motion and appeal were frivolous and vexatious, and failed to satisfy any legal principle or demonstrate injustice or public importance required for leave.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Civil Appeal / Summary Dismissal; Appeal From Local Court Interlocutory Decision
Outcome
notice of motion dismissed with costs; leave to appeal refused; summons dismissed
Legal Topics
['summary Disposal' 'leave to Appeal' 'interlocutory Decision' 'dismissal of Proceedings' 'amendment of Pleadings']
['civil Procedure'] ['summary Disposal' 'leave to Appeal' 'interlocutory Decision' 'dismissal of Proceedings' 'amendment of Pleadings']

Source-derived case record

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Procedural Posture

Civil Appeal / Summary Dismissal; Appeal From Local Court Interlocutory Decision

Legal Issues

  1. 1 ['whether leave to appeal should be granted from a Local Court interlocutory decision refusing amendment of statement of claim' 'whether the proceedings disclose a reasonable cause of action' 'whether the notice of motion seeking to set aside Supreme Court interlocutory orders has merit']

Ratio Decidendi

No reasonable cause of action or formulated basis for leave to appeal was disclosed, the notice of motion and appeal were frivolous and vexatious, and failed to satisfy any legal principle or demonstrate injustice or public importance required for leave.

Court Disposition

notice of motion dismissed with costs; leave to appeal refused; summons dismissed

Orders

  • ["The plaintiff's notice of motion filed 23 October 2018 is dismissed with costs." 'Leave to appeal from the Local Court is refused.' 'The summons is dismissed.']