Toth v NSW

[2022] NSWCA 185

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Small claims
4. › District Court Act 1973 (NSW), s 127(2)(c)
5. › Whether issues of principle or public importance suffice for leave where applicant has no realistic prospect of success
1. Tort
2. › Misfeasance in public office
3. › Mental element
4. › Whether public officers knew or were recklessly indifferent to acting beyond power
5. › Directions by Community Corrections Service officers
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Actual bias
5. › Whether judicial interventions during hearing or findings in judgment demonstrated bias

Quick Take

Raising issues of principle or public importance will not suffice to obtain leave to appeal in small claims matters if the applicant has no realistic prospect of success on the merits.