Cheng v Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company

(2022) 108 NSWLR 342; [2022] NSWCA 118

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Monetary threshold
4. › Amount at issue less than $100,000
5. › Whether application identified issue of principle, question of public importance or reasonably clear injustice
6. › Need for proportionality between value of matter and costs of proceedings
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Practice and Procedure
2. › Court of Appeal
3. › Leave to appeal
4. › Proportionality
5. › Whether costs of proceedings disproportionate to amount in issue
6. › Civil Procedure Act 2005 (NSW), s 60

Quick Take

Where the amount at issue is less than $100,000, leave to appeal requires demonstration of more than a reasonably arguable case, and disproportionate costs relative to the amount in issue will weigh heavily against a grant of leave.