City Convenience Leasing Pty Limited v Boo [2015] NSWSC 1271

City Convenience Leasing Pty Limited v Boo [2015] NSWSC 1271

The applicant did not establish any error of fact or law in the exercise of the costs discretion by NCAT. The rejection of the 17 September 2013 compromise offer was, in all relevant circumstances, unreasonable. No question of law was raised; leave to appeal was refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Appeal / Leave to Appeal – Refusal of Leave
Outcome
Leave to appeal refused
Legal Topics
['appeals' 'costs' 'retail Leases']
['civil Procedure'] ['appeals' 'costs' 'retail Leases']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Leave to Appeal – Refusal of Leave

Legal Issues

  1. 1 ['Whether leave to appeal against a costs order of NCAT should be granted' 'Whether the appeal raises a question of law' 'Whether there was error in the exercise of the costs discretion by NCAT']

Ratio Decidendi

The applicant did not establish any error of fact or law in the exercise of the costs discretion by NCAT. The rejection of the 17 September 2013 compromise offer was, in all relevant circumstances, unreasonable. No question of law was raised; leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal is refused.' 'The usual order as to costs is that costs follow the event unless the parties approach within 14 days.' 'All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the producing party until expiry of appeal period or determination...