HP Mercantile Pty Ltd v Kym and Paul Clements [2015] NSWCA 212

HP Mercantile Pty Ltd v Kym and Paul Clements [2015] NSWCA 212

No injustice was caused by the refusal of leave to appeal, particularly as the parties had resolved their dispute and the continuation of the proceedings was designed solely to obtain a precedential judgment without a real controversy between the disputants.

Jurisdiction
Australia
Judgment Date
23 July 2015
Procedural Posture
Appeal / Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
['leave to Appeal' 'appeal as of Right' 'amount in Issue' 'hypothetical Proceedings' 'precedent']
['civil Procedure'] ['leave to Appeal' 'appeal as of Right' 'amount in Issue' 'hypothetical Proceedings' 'precedent']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the amount in issue is below the threshold and the proceedings are, in effect, hypothetical due to resolution by deed']

Ratio Decidendi

No injustice was caused by the refusal of leave to appeal, particularly as the parties had resolved their dispute and the continuation of the proceedings was designed solely to obtain a precedential judgment without a real controversy between the disputants.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal is refused.']