DJ & LJ Norman Pty Ltd v Sheather [2022] NSWSC 1299

DJ & LJ Norman Pty Ltd v Sheather [2022] NSWSC 1299

The application for leave to amend the Summons to introduce a new ground was refused, as the proposed ground raised only a factual question outside appellate jurisdiction and would cause prejudice to the Respondents. Leave to appeal was refused in respect of grounds 3, 5, 6, 7, 8, 9, 10 and 11 as they did not raise...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 September 2022
Procedural Posture
Appeal / Judgment on Leave to Amend and Leave to Appeal
Outcome
Application for leave to amend refused; leave to appeal largely refused; Summons otherwise dismissed; costs reserved.
Legal Topics
['leave to Appeal' 'oral Contracts' 'admissibility of Evidence' 'appellate Jurisdiction' 'characterisation of Grounds of Appeal']
['civil Procedure' 'contract Law'] ['leave to Appeal' 'oral Contracts' 'admissibility of Evidence' 'appellate Jurisdiction' 'characterisation of Grounds of Appeal']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Leave to Amend and Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to amend the Summons commencing the appeal should be granted' 'Whether leave to appeal on particular grounds pursuant to s 40 of the Local Court Act 2007 (NSW) should be granted' 'Whether the Magistrate erred in admitting and/or relying upon certain evidence' 'Whether findings as to knowledge of the commercial environment and trading names were properly made']

Ratio Decidendi

The application for leave to amend the Summons to introduce a new ground was refused, as the proposed ground raised only a factual question outside appellate jurisdiction and would cause prejudice to the Respondents. Leave to appeal was refused in respect of grounds 3, 5, 6, 7, 8, 9, 10 and 11 as they did not raise pure questions of law or demonstrated no clear injustice or public importance. Ground 4, alleging a lack of evidentiary basis for the Magistrate’s findings, was dismissed, as there was sufficient evidence for the relevant findings. The Applicant’s Summons was otherwise dismissed.

Court Disposition

Application for leave to amend refused; leave to appeal largely refused; Summons otherwise dismissed; costs reserved.

Orders

  • ['Refuse the Applicant leave to amend the Summons commencing an appeal as filed on 28 February 2022.' 'Refuse leave to appeal on grounds 3, 5, 6, 7, 8, 9, 10 and 11 of the Summons, pursuant to s 40 of the Local Court Act 2007 (NSW).' 'Otherwise dismiss the Summons.' 'Costs reserved.' 'Liberty to file Short Minutes...