Clark v Tombs [2012] NSWCA 442

Clark v Tombs [2012] NSWCA 442

There were no substantial issues of principle raised by the proposed appeal and the amount in dispute was small; therefore, leave to appeal was refused, although the Court granted an extension of time for filing.

Parties
First Applicant: Brian Clark; Second Applicant: Rita Clark; Respondent: Stuart Tombs; Respondent: Jemma Louise Tombs
Jurisdiction
Australia
Judgment Date
11 December 2012
Procedural Posture
Application for Leave to Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Leave to extend time for filing granted; leave to appeal refused with costs.
Legal Topics
Leave to Appeal, Extension of Time, Damages Assessment, Agistment Agreement, Breach of Contract
Civil Procedure Leave to Appeal Extension of Time Damages Assessment Agistment Agreement Breach of Contract

Case Brief

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Parties

Brian Clark

First Applicant

Rita Clark

Second Applicant

Stuart Tombs

Respondent

Jemma Louise Tombs

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence for the rational assessment of damages for breach of contract
  2. 2 Whether the primary judge erred in assessing damages at $65,600
  3. 3 Whether leave to appeal should be granted where there is no issue of principle and only a small amount is in dispute

Ratio Decidendi

There were no substantial issues of principle raised by the proposed appeal and the amount in dispute was small; therefore, leave to appeal was refused, although the Court granted an extension of time for filing.

Court Disposition

Leave to extend time for filing granted; leave to appeal refused with costs.

Orders

  • Leave to extend time for filing of the summons for leave is granted.
  • The summons for leave to appeal is dismissed with costs.