Attard v Rutkowski

The applicants, Mr. Attard and Mr. Attard (trading as Attard & Co), sought leave to appeal to the Court of Appeal from a decision of the Local Court. The dispute concerned an accountant's claim for outstanding fees, evidenced by invoices issued by Attard & Co to the respondents, Mr. Rutkowski and Ms. Rutkowski. The Local Court had dismissed the appeal from its own earlier decision.

The primary legal issue before the Court of Appeal was whether the applicants had demonstrated sufficient grounds to warrant the grant of leave to appeal. Specifically, the court considered whether the Local Court had erred in its assessment of the evidence presented to prove the quantum of the outstanding fees, particularly in relation to invoices issued without detailed breakdowns of the amounts claimed. The applicants contended that the Local Court should have required more evidence to establish the basis of the sums claimed in the invoices.

White and Adamson JJA refused leave to appeal, finding that the amount in issue did not warrant such an appeal. The court reasoned that the question of whether a lump sum claimed in an invoice without explanation constitutes evidence of an amount owing is not a question of principle or public importance in circumstances where the quantum of the invoices was not challenged by the respondents in their defence and was only raised for the first time in closing submissions. The court noted that the need for the plaintiff to adduce further evidence to prove the basis of the amounts claimed would depend on whether the quantum was challenged by the defendant.

Consequently, leave to appeal was refused, and the first applicant was ordered to pay the respondents’ costs of the application for leave to appeal.