GB v EB [2022] NSWDC 322

GB v EB [2022] NSWDC 322

Leave to appeal under s 89 should not be granted as no significant issue of principle or public interest is established, the sums in dispute are modest, the grounds lack cogency, and the failure to seek leave until hearing is itself sufficient for refusal. The appeal is incompetent and must be dismissed.

Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Dismissal
Outcome
leave to appeal refused, appeal dismissed
Legal Topics
['costs Assessment' 'leave to Appeal' 'court Procedure' 'legal Costs']
['civil Procedure' 'costs'] ['costs Assessment' 'leave to Appeal' 'court Procedure' 'legal Costs']

Case Brief

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Procedural Posture

Civil Appeal / Application for Leave to Appeal and Dismissal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW) where the amount in dispute is less than $25,000' 'Whether the costs order should follow the event given the 48.5% reduction in assessed costs' 'Whether the failure to make a settlement offer should determine liability for filing and assessment fees' 'Whether sufficient grounds for leave to appeal have been established']

Ratio Decidendi

Leave to appeal under s 89 should not be granted as no significant issue of principle or public interest is established, the sums in dispute are modest, the grounds lack cogency, and the failure to seek leave until hearing is itself sufficient for refusal. The appeal is incompetent and must be dismissed.

Court Disposition

leave to appeal refused, appeal dismissed

Orders

  • ['Refuse leave to appeal pursuant to s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW) and dismiss the appeal.' 'Costs reserved with liberty to apply.']