MASTORIS v JANKOWSKI [1995] NSWCA 278

MASTORIS v JANKOWSKI [1995] NSWCA 278

Leave to appeal was refused because no issue of principle was established and the determination was open to the primary judge based on the evidence.

Parties
Claimant: Mastoris; Opponent: Jankowski
Jurisdiction
Australia
Judgment Date
05 June 1995
Procedural Posture
Appeal / Leave to Appeal
Outcome
leave refused; summons dismissed
Legal Topics
Leave to Appeal, Discretionary Decision, Error of Fact Finding, Injustice
Practice and Procedure Leave to Appeal Discretionary Decision Error of Fact Finding Injustice

Case Brief

Summary, issues, holding and outcome

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Parties

Mastoris

Claimant

Jankowski

Opponent

Procedural Posture

Appeal / Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted in a discretionary decision where no error of principle is alleged but injustice is suggested.

Ratio Decidendi

Leave to appeal was refused because no issue of principle was established and the determination was open to the primary judge based on the evidence.

Court Disposition

leave refused; summons dismissed

Orders

  • Summons dismissed.
  • Claimant to pay opponent's costs.