Canham v Saharan

The applicant, Mr Canham, sought leave to appeal a decision of the Supreme Court of New South Wales which dismissed his claims against his neighbour, Mr Saharan, in relation to a dispute over a boundary fence. The Supreme Court had found that the applicant failed to establish a case for an injunction, damages for trespass, or for a declaration that a certain fence was not on the boundary line between the properties. Mr Canham sought leave to appeal on the basis that the trial judge had erred in law and misapplied the evidence. The Court of Appeal was required to determine whether the applicant had established that there were reasonable prospects that the appeal would succeed if leave was granted.

The Court of Appeal held that the application for leave to appeal did not establish reasonable prospects of success. The Court noted that the applicant had sought several forms of relief on appeal that were not included in the originating application, and that the application did not address the findings of fact made by the trial judge. The Court held that the application did not establish that there was an error of law or a miscarriage of justice that would warrant an appeal. The Court further held that the application did not address the substantial merits of the case or demonstrate that the appeal would succeed if leave was granted. The Court held that the application for leave to appeal should be dismissed.

The Court dismissed the application for leave to appeal. The Court held that the applicant had not established that there were reasonable prospects that the appeal would succeed if leave was granted. The Court held that the application did not address the findings of fact made by the trial judge or demonstrate that the appeal would succeed if leave was granted. The Court held that the application for leave to appeal should be dismissed with costs.