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Leave to appeal August 5, 2017

State of New South Wales v Bouffler [2017] NSWCA 185

11. Leave to appeal will only be granted where there are substantial reasons to allow an appellate review: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Rodi v Gelonesi [2012] NSWCA 424 at [24]; Collier v Lancer (No 2) [2013] NSWCA 186 at [7]. In Lee v New South Wales Crime Commission [2012] NSWCA 262, Bathurst CJ (Macfarlan and Barrett JJA agreeing) said, at [12], that in the usual case:

“… it is only appropriate to grant leave concerning matters that involve issues of principle, questions of general public importance or where it is reasonably clear there has been an injustice in the sense of going beyond it being reasonably arguable that the primary judge was in error: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69; Zelden v Sewell [2011] NSWCA 56 at [22]; Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 at [46]; GKD v Director of Department of Family & Community Service [2012] NSWCA 219 at [10]; Be Financial Pty Ltd v Das [2012] NSWCA 164 at [32]-[34].”

12 The quantum of damages awarded is also relevant to the question whether the Court will grant leave, the Court being disinclined to do so where the amount at issue is significantly below the statutory threshold: see Bushby v Dixon Holmes du Pont Pty Ltd [2012] NSWCA 90; The Entrance Plaza Pty Ltd v Davids [2016] NSWCA 362; Australian Federation of Islamic Councils Inc v Farrell [2016] NSWCA 256; HP Mercantile Pty Ltd v Clements [2015] NSWCA 212. Where there is no question of principle and the amount at issue is small, leave to appeal will usually be refused: Rodi v Gelonesi at [25].

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