Makowska v St George Community Housing Ltd [2021] NSWCA 249
Leave to appeal was refused as neither ground raised any issue of principle, question of general public importance, or injustice warranting appellate intervention; no error of law or procedural unfairness was established; the applicant did not demonstrate a justifiable reason for failing to comply with statutory time limits.
- Jurisdiction
- Australia
- Judgment Date
- 18 October 2021
- Procedural Posture
- Appeal / Application for Leave to Appeal
- Outcome
- leave to appeal refused
- Legal Topics
- ['leave to Appeal' 'judicial Review' 'quiet Enjoyment' 'compensation' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Leave to Appeal
Legal Issues
- 1 ['Whether there existed an issue of principle, question of general public importance or injustice justifying leave to appeal' 'Whether the primary judge erred in refusing relief on discretionary grounds' 'Whether the primary judge erred regarding procedural fairness for the unrepresented applicant' "Whether the costs order was unjust due to alleged change in respondent's defence"]
Ratio Decidendi
Leave to appeal was refused as neither ground raised any issue of principle, question of general public importance, or injustice warranting appellate intervention; no error of law or procedural unfairness was established; the applicant did not demonstrate a justifiable reason for failing to comply with statutory time limits.
Court Disposition
leave to appeal refused
Orders
- ["The applicant's summons is dismissed." "The applicant must pay the first respondent's costs."]
Full Case Text
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