Boustany v Sassine [2014] NSWSC 1818

Boustany v Sassine [2014] NSWSC 1818

The appeal was incompetent because leave was required and not sought for the appeal grounds, making the summons liable to dismissal. Indemnity costs were justified due to the Magistrate's findings and the unreasonable conduct of the Plaintiff in bringing an appeal as of right.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Appeal From Local Court Decision / Application to Dismiss Appeal and for Indemnity Costs
Outcome
Summons dismissed with costs to Defendant fixed at $25,000
Legal Topics
['appeal' 'leave to Appeal' 'indemnity Costs' 'competency of Appeal']
['civil Procedure'] ['appeal' 'leave to Appeal' 'indemnity Costs' 'competency 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 From Local Court Decision / Application to Dismiss Appeal and for Indemnity Costs

Legal Issues

  1. 1 ['Whether leave to appeal was required and not obtained' 'Whether the appeal was incompetent' 'Whether indemnity costs should be ordered']

Ratio Decidendi

The appeal was incompetent because leave was required and not sought for the appeal grounds, making the summons liable to dismissal. Indemnity costs were justified due to the Magistrate's findings and the unreasonable conduct of the Plaintiff in bringing an appeal as of right.

Court Disposition

Summons dismissed with costs to Defendant fixed at $25,000

Orders

  • ['The summons filed 20 October 2014 is dismissed.' "The Plaintiff is to pay the Defendant's costs fixed in the sum of $25,000."]