Causmag Ore Company Pty Ltd v Blue NRG Pty Ltd

Causmag Ore Company Pty Ltd (the applicant) sought leave to appeal from a judgment of the Common Law Division of the Supreme Court of New South Wales, which had itself dismissed an appeal from the Local Court. The dispute concerned a claim brought by Causmag Ore Company Pty Ltd.

The primary legal issue before the Court of Appeal was whether there was an arguable error of law in the decision of the Common Law Division, given that an appeal to that Division was limited to questions of law. The applicant also contended that the amount in issue was below the threshold for a further appeal to the Court of Appeal under section 101(2)(r) of the *Supreme Court Act 1970* (NSW), and that there was a disproportion between the amount in dispute and the costs incurred.

Gleeson JA and Basten AJA found that the applicant had not demonstrated an arguable error of law. They noted that the applicant bore the onus of proof at trial and had failed to adduce sufficient evidence to support its claim. The Court concluded that there was no issue of principle and that the applicant had not met the threshold for granting leave to appeal.

The Court of Appeal ordered an extension of time for the service of the summons seeking leave to appeal, but ultimately dismissed the application for leave to appeal and ordered the applicant to pay the respondent’s costs of the application.