Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164

Leave to appeal was refused because the applicant failed to demonstrate any arguable error by the trial judge that would amount to a miscarriage of justice, no compelling reason existed to prefer a re-hearing in light of the costs and proportionality, and the statutory and legal requirements for granting leave to appeal were not satisfied.

Jurisdiction: Australia
Judgment Date: 29 May 2012
Procedural Posture: Civil Appeal (leave to Appeal) / Court of Appeal, Leave Application
Outcome: Leave to appeal refused.
Legal Topics: ['leave to Appeal' 'costs' 'damages Assessment' 'statutory Interpretation' 'proportionality of Costs']

['appellate Procedure' 'civil Procedure'] ['leave to Appeal' 'costs' 'damages Assessment' 'statutory Interpretation' 'proportionality of Costs']

Case Brief

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Procedural Posture

Civil Appeal (leave to Appeal) / Court of Appeal, Leave Application

Legal Issues

1 ['Whether leave to appeal is required in respect of both damages and costs orders under District Court Act 1973 (NSW), s 127;' 'Whether the amount in issue warrants appeal as of right;' 'Whether the trial judge erred in assessment of damages and costs;' 'Whether the approach to costs adopted by the trial judge was erroneous in law;' 'Relevance of proportionality of costs to the grant of leave to appeal.']

Ratio Decidendi

Court Disposition

Leave to appeal refused.

Orders

['Refuse application for leave to appeal.' "Applicant to pay the respondent's costs in this Court."]