Day v Rogers [2010] NSWCA 206

Day v Rogers [2010] NSWCA 206

Leave to appeal was granted because there were arguable grounds of appeal and the case raised issues of significance, particularly for the applicant and the applicant's insurer. The solicitors were not required to be joined because any attempt by the respondent to obtain a larger judgment against them would have to be pursued, if at all, by cross-appeal. Leave was granted subject to the applicant bearing both sides' costs of the application and appeal irrespective of the outcome.

Jurisdiction
Australia
Judgment Date
18 August 2010
Procedural Posture
Application for Leave to Appeal / NSW Court of Appeal Application for Leave to Appeal From District Court Decision
Outcome
Leave to appeal granted on condition that the applicant be liable for the costs of the application and of the appeal of both sides irrespective of the result of the appeal.
Legal Topics
['leave to Appeal' 'proportionate Liability' 'necessary Party' 'costs Condition']
['procedure' 'civil Liability'] ['leave to Appeal' 'proportionate Liability' 'necessary Party' 'costs Condition']

Case Brief

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Procedural Posture

Application for Leave to Appeal / NSW Court of Appeal Application for Leave to Appeal From District Court Decision

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where there were arguable grounds of appeal and the amount involved was of the order of $30,000.' 'Whether solicitors against whom judgment was also entered on a proportionate liability basis were necessary parties to the appeal.' 'Whether leave should be granted subject to a condition as to costs.']

Ratio Decidendi

Leave to appeal was granted because there were arguable grounds of appeal and the case raised issues of significance, particularly for the applicant and the applicant's insurer. The solicitors were not required to be joined because any attempt by the respondent to obtain a larger judgment against them would have to be pursued, if at all, by cross-appeal. Leave was granted subject to the applicant bearing both sides' costs of the application and appeal irrespective of the outcome.

Court Disposition

Leave to appeal granted on condition that the applicant be liable for the costs of the application and of the appeal of both sides irrespective of the result of the appeal.

Orders

  • ['Leave to appeal granted.' 'Notice of appeal to be filed within 14 days.' 'Leave is granted on the condition that the applicant is to be liable for the costs of the application and of the appeal of both sides irrespective of the result of the appeal.']