C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2024] NSWCA 52

C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2024] NSWCA 52

Despite the amount in issue being below the monetary threshold, the applicant's ground of appeal raises an issue of principle which may be more than reasonably arguable; leave to appeal is therefore granted.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Decision
Outcome
Leave to appeal granted.
Legal Topics
['appeals' 'leave to Appeal' 'monetary Threshold' 'damages for Breach of Contract' 'repudiation']
['civil Procedure'] ['appeals' 'leave to Appeal' 'monetary Threshold' 'damages for Breach of Contract' 'repudiation']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Decision

Legal Issues

  1. 1 ["Whether the primary judge erred in finding that the applicant's conduct in continuing work after repudiation precluded damages for work after that date" 'Whether leave to appeal should be granted despite the claim being below the monetary threshold']

Ratio Decidendi

Despite the amount in issue being below the monetary threshold, the applicant's ground of appeal raises an issue of principle which may be more than reasonably arguable; leave to appeal is therefore granted.

Court Disposition

Leave to appeal granted.

Orders

  • ['Leave to appeal granted.' 'Notice of Appeal in the form of the draft notice of appeal in the White Folder to be filed and served within 14 days.' 'Matter to be listed before the Registrar for directions and allocation of a date at a time to be advised.']