Assali v Gerard MALOUF trading as GERARD MALOUF AND PARTNERS [2008] NSWCA 272

Assali v Gerard MALOUF trading as GERARD MALOUF AND PARTNERS [2008] NSWCA 272

The proposed appeal had insufficient prospects of success to justify extending time and granting leave because the grounds depended on overturning factual findings or establishing insufficiency of reasons, were not strong, and at best might lead to a retrial with unclear prospects; any possible error in valuing the applicant's lost chance as nil might not amount to a miscarriage of justice when the value of success and likely costs were considered.

Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From a District Court Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'prospects of Success' "solicitors' Negligence" 'extension of Time']
['procedure' 'appeals' 'professional Negligence'] ['application for Leave to Appeal' 'prospects of Success' "solicitors' Negligence" 'extension of Time']

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From a District Court Decision

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Judge Bishop's District Court decision dismissing the applicant's negligence claim against his former solicitors." 'Whether the proposed appeal had sufficient prospects of success to justify extending time and granting leave to appeal.']

Ratio Decidendi

The proposed appeal had insufficient prospects of success to justify extending time and granting leave because the grounds depended on overturning factual findings or establishing insufficiency of reasons, were not strong, and at best might lead to a retrial with unclear prospects; any possible error in valuing the applicant's lost chance as nil might not amount to a miscarriage of justice when the value of success and likely costs were considered.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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