Assali v Gerard MALOUF t/as GERARD MALOUF AND PARTNERS

The applicant, Assali, sought leave to appeal a decision of the District Court of New South Wales. The dispute concerned a claim brought by Assali against Gerard Malouf t/as Gerard Malouf and Partners. The precise nature of the underlying claim is not detailed in the provided text, but the application for leave to appeal was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether Assali had demonstrated sufficient prospects of success to warrant the granting of leave to appeal. This required the court to assess the merits of the proposed grounds of appeal against the District Court's decision.

Hodgson JA and Macfarlan JA considered the application and concluded that there were insufficient prospects of success. While the specific reasoning for this conclusion is not elaborated upon in the provided text, the court's determination indicates that the grounds of appeal, when examined against the relevant legal principles and the evidence before the District Court, did not present a strong enough case to justify a full appeal. The court applied the established test for granting leave to appeal, which requires a demonstrable error or a substantial point of law to be raised.

Consequently, the application for leave to appeal was dismissed, and Assali was ordered to pay the costs of Gerard Malouf t/as Gerard Malouf and Partners.