Raashed v Hussein [2012] NSWCA 264

Raashed v Hussein [2012] NSWCA 264

Leave to appeal was refused because the magistrate's decision was not shown to be affected by material error of principle; the amount at issue was substantially below the threshold for an appeal as of right; and there was no question of general principle.

Parties
Applicant: Rashid Raashed; First Respondent: Mosharrof Hussein; Second Respondent: Mehjabin Hussein
Jurisdiction
Australia
Judgment Date
24 August 2012
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Unjust Contracts, Relief Under Contracts Review Act 1980, Leave to Appeal
Contract Law Civil Procedure Unjust Contracts Relief Under Contracts Review Act 1980 Leave to Appeal

Case Brief

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Parties

Rashid Raashed

Applicant

Mosharrof Hussein

First Respondent

Mehjabin Hussein

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the magistrate erred in granting relief under the Contracts Review Act 1980 by precluding enforcement of payment of the balance purchase price
  2. 2 Whether the magistrate failed to take into account the extent of the benefits obtained by the respondents under the contract

Ratio Decidendi

Leave to appeal was refused because the magistrate's decision was not shown to be affected by material error of principle; the amount at issue was substantially below the threshold for an appeal as of right; and there was no question of general principle.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.