Where the property in dispute is well below the $100,000 threshold in s 101(2)(r)(ii) of the Supreme Court Act 1970 (NSW), leave to appeal will not be granted unless the applicant demonstrates an issue of principle, a question of general public importance, or an arguable injustice. The proportionality principle in s 60 of the Civil Procedure Act 2005 (NSW) weighs heavily against granting leave where costs are already disproportionate to the amount in dispute. An applicant who seeks to rely on the broader commercial significance of the dispute (such as control of a company) must adduce evidence establishing that significance.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.