McEvoy v Wagglens Pty Ltd [2021] NSWCA 104
Leave to appeal was refused because the amount in issue was substantially less than the statutory threshold, no issue of principle or public importance was identified, no sufficiently clear injustice was apparent, and the matter was not such as to warrant appellate intervention given statutory proportionality considerations.
- Jurisdiction
- Australia
- Judgment Date
- 24 May 2021
- Procedural Posture
- Application for Leave to Appeal / Decision on Application for Leave to Appeal to Court of Appeal
- Outcome
- Application for leave to appeal dismissed with costs
- Legal Topics
- ['leave to Appeal' 'limitation Period' 'breach of Employment Contract' 'discretionary Appellate Review' 'proportionality of Costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to Appeal to Court of Appeal
Legal Issues
- 1 ['Whether leave to appeal should be granted where amount in issue is below statutory threshold' 'Whether there was an issue of principle, public importance, or clear injustice justifying leave' 'Whether claim was statute-barred under Limitation Act 1969 (NSW)']
Ratio Decidendi
Leave to appeal was refused because the amount in issue was substantially less than the statutory threshold, no issue of principle or public importance was identified, no sufficiently clear injustice was apparent, and the matter was not such as to warrant appellate intervention given statutory proportionality considerations.
Court Disposition
Application for leave to appeal dismissed with costs
Orders
- ['Application for leave to appeal dismissed with costs']
Full Case Text
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