Alessi v Westfield Shopping Centre Management Co Pty Ltd

Case

[2009] NSWCA 244

3 August 2009


Details
AGLC Case Decision Date
Alessi v Westfield Shopping Centre Management Co Pty Ltd [2009] NSWCA 244 [2009] NSWCA 244 3 August 2009

CaseChat Overview and Summary

McColl JA and Basten JA of the Court of Appeal of New South Wales considered an application for leave to appeal in *Alessi v Westfield Shopping Centre Management Co Pty Ltd*. The dispute arose from a slip and fall incident that occurred within a Westfield shopping centre.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted from a decision of the primary judge. This question inherently involved determining whether the proposed appeal raised a question of principle or was otherwise of sufficient importance to warrant appellate intervention.

McColl JA, with whom Basten JA agreed, found that no question of principle was raised by the proposed appeal. Consequently, the Court determined that leave to appeal should be refused.

The Court ordered that an extension of time to seek leave to appeal be granted, but that leave to appeal itself be refused, with costs awarded to the respondent.
Details

Areas of Law

  • Negligence & Tort

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Negligence

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