Singh v Khan [2019] NSWCATAP 2

Singh v Khan [2019] NSWCATAP 2

Leave to appeal was refused and the appeal dismissed as the appellant failed to comply with the condition of the interim order, there was no issue of principle or clear injustice, and no substantive argument supported the grant of leave.

Parties
Appellant: Gurjit Singh; First Respondent: Ghulam Akbar Khan; Second Respondent: Samina Khan; Third Respondent: Fobupu Pty Ltd
Jurisdiction
Australia
Judgment Date
02 January 2019
Procedural Posture
Appeal / Leave to Appeal and Disposition
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Appeals, Interlocutory Decisions, Leave to Appeal, Lifting of Interim Orders, Compliance With Tribunal Orders
Tribunal Procedure Retail Leases Appeals Interlocutory Decisions Leave to Appeal Lifting of Interim Orders Compliance With Tribunal Orders

Case Brief

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Parties

Gurjit Singh

Appellant

Ghulam Akbar Khan

First Respondent

Samina Khan

Second Respondent

Fobupu Pty Ltd

Third Respondent

Procedural Posture

Appeal / Leave to Appeal and Disposition

Legal Issues

  1. 1 Whether leave to appeal should be granted in respect of an interlocutory decision lifting an interim order
  2. 2 Whether there was an error of principle or injustice justifying leave to appeal

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed as the appellant failed to comply with the condition of the interim order, there was no issue of principle or clear injustice, and no substantive argument supported the grant of leave.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal refused.
  • Appeal dismissed.