Saini v Nachatter [2011] NSWCA 240

Saini v Nachatter [2011] NSWCA 240

Leave to appeal was refused because the proposed appeal concerned a small amount, raised no issue of legal principle, turned on factual findings based on oral evidence, and the alleged concession about wages could not be established without a disproportionate review of the whole evidence and submissions; the prospects of success were not strong.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Application for Leave to Appeal in Civil Proceedings / On the Papers in the Court of Appeal From a District Court Judgment
Outcome
Leave to appeal refused with costs.
Legal Topics
['leave to Appeal' 'trial Costs' 'limited Success' 'findings of Fact by Primary Judge' 'disproportionate Costs' 'damages']
['civil Procedure' 'costs' 'appeals'] ['leave to Appeal' 'trial Costs' 'limited Success' 'findings of Fact by Primary Judge' 'disproportionate Costs' 'damages']

Case Brief

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Procedural Posture

Application for Leave to Appeal in Civil Proceedings / On the Papers in the Court of Appeal From a District Court Judgment

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the amount in issue was less than $100,000.' 'Whether the proposed appeal raised any issue of legal principle or turned on factual findings based on oral evidence.' 'Whether the primary judge erred by not acting on an alleged concession about liability for wages paid to Mr Paramjit Singh.' 'Whether the costs of allowing the proposed appeal to be agitated would be disproportionate to the amount in dispute.']

Ratio Decidendi

Leave to appeal was refused because the proposed appeal concerned a small amount, raised no issue of legal principle, turned on factual findings based on oral evidence, and the alleged concession about wages could not be established without a disproportionate review of the whole evidence and submissions; the prospects of success were not strong.

Court Disposition

Leave to appeal refused with costs.

Orders

  • ['Leave to appeal is refused.' "The applicants must pay the respondent's costs of the application."]