Boensch v Donovan Electrical Services Pty Ltd [2014] NSWCA 453

Boensch v Donovan Electrical Services Pty Ltd [2014] NSWCA 453

Leave to appeal was refused because the applicant did not demonstrate a reasonable prospect of success in challenging Campbell J's refusal of judicial review, had not explained to the Tribunal why he failed to notify it of his inability to attend or seek an adjournment, had not shown an arguable defence, and justice did not require leave given the modest amount involved and prior review proceedings.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Refusal of Judicial Review
Outcome
The application for leave to appeal is dismissed with costs.
Legal Topics
['judicial Review' 'leave to Appeal' 'consumer Trader and Tenancy Tribunal' 'rehearing Applications']
['administrative Law' 'civil Procedure' 'appeals'] ['judicial Review' 'leave to Appeal' 'consumer Trader and Tenancy Tribunal' 'rehearing Applications']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Refusal of Judicial Review

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Campbell J's refusal of judicial review of three Consumer Trader and Tenancy Tribunal decisions." 'Whether the applicant demonstrated any reasonable prospect of success on appeal.' 'Whether justice required a grant of leave where the claim was about $6,000 and below the appeal as of right threshold.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not demonstrate a reasonable prospect of success in challenging Campbell J's refusal of judicial review, had not explained to the Tribunal why he failed to notify it of his inability to attend or seek an adjournment, had not shown an arguable defence, and justice did not require leave given the modest amount involved and prior review proceedings.

Court Disposition

The application for leave to appeal is dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']