Leave to appeal – principles

Gibson v Drumm [2016] NSWCA 206 There are no exhaustive or rigid rules of practice or criteria governing the grant of leave to appeal: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170. However, it has been consistently stated that...

Leave to appeal

Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWCA 397 45 In determining whether leave to appeal should be granted, however, something more must be demonstrated than that the decision was arguably wrong. What is ordinarily required...

Leave to appeal

The Age Company Ltd & Ors v Liu [2013] NSWCA 26 [13] Leave to appeal on this ground should be refused. The principles governing the grant of leave are well established. They were summarised by Basten JA in Be Financial Pty Ltd as Trustee for Be Financial...