Mohareb v Local Court of New South Wales

• 1. Appeal
  2. › Leave to appeal
  3. › Supreme Court Act 1970 (NSW) s 101(2)(h) and (r)
  4. › No readily ascertainable monetary value
  5. › Granting of leave a matter of discretion ultimately in interests of justice
  6. › Dispute substantially resolved prior to hearing below
  7. › Disproportional disputation must come to an end
• 1. Appeal
  2. › Leave to appeal
  3. › Principles governing grant of leave
  4. › Issues of principle, questions of general public importance, or reasonably clear injustice
  5. › Proportionality of proceedings to subject matter in dispute
  6. › Civil Procedure Act 2005 (NSW), ss 56-58, 60
• 1. Appeal
  2. › Procedure
  3. › Reasons for refusing leave to appeal
  4. › Content and detail of reasons varies according to nature of jurisdiction
  5. › Reasons refusing leave need not be extensive
  6. › Supreme Court Act 1970 (NSW), s 101(2)
• 1. Appeal
  2. › Procedure
  3. › Parties on appeal
  4. › Unrepresented litigants
  5. › Court's function to ensure fair trial for all parties
  6. › Does not extend to giving judicial advice to unrepresented litigant

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