Boensch v Donovan Electrical Services Pty Ltd

The applicant, Boensch, sought leave to appeal from a decision of the Supreme Court of New South Wales (Macfarlan JA and Sackville AJA) which had refused to grant judicial relief in respect of decisions made by the Consumer Trader and Tenancy Tribunal. The respondent was Donovan Electrical Services Pty Ltd.

The primary legal issue before the Court of Appeal was whether the applicant had demonstrated an arguable case of error in the primary judge's refusal to grant judicial relief. This involved considering whether the primary judge had erred in law or fact in their assessment of the applicant's application for relief against the Tribunal's decisions.

The Court of Appeal found that there was no issue of principle raised by the application for leave to appeal. Consequently, the Court determined that the application should be refused. The Court applied the principles governing applications for leave to appeal, requiring the applicant to demonstrate an arguable error of law or fact, or that the appeal would otherwise have a real prospect of success.

The application for leave to appeal was dismissed with costs.