Cavar v Campbelltown Catholic Club Ltd
Case
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[2024] NSWCA 126
•23 May 2024
Details
AGLC
Case
Decision Date
Cavar v Campbelltown Catholic Club Ltd [2024] NSWCA 126
[2024] NSWCA 126
23 May 2024
CaseChat Overview and Summary
In *Cavar v Campbelltown Catholic Club Ltd*, the applicant sought leave to appeal from orders made by Rothman J on 27 October 2023 in proceedings 2023/109930 and 2023/122883. The applicant also filed notices of appeal in proceedings 2023/445154 and 2023/445442. The matter came before Meagher and White JJA of the Court of Appeal of New South Wales.
The primary legal issue before the Court of Appeal was whether the applicant's submissions raised any arguable grounds for leave to appeal. This involved an assessment of the merits of the purported appeals and whether they presented genuine legal questions warranting further consideration by the appellate court.
The Court of Appeal determined that the applicant's submissions did not disclose any arguable issues. Consequently, the summons for leave to appeal was dismissed. Furthermore, the notices of appeal filed in proceedings 2023/445154 and 2023/445442 were deemed incompetent. The applicant was ordered to pay the respondent's costs in each of the proceedings before the Court of Appeal.
The primary legal issue before the Court of Appeal was whether the applicant's submissions raised any arguable grounds for leave to appeal. This involved an assessment of the merits of the purported appeals and whether they presented genuine legal questions warranting further consideration by the appellate court.
The Court of Appeal determined that the applicant's submissions did not disclose any arguable issues. Consequently, the summons for leave to appeal was dismissed. Furthermore, the notices of appeal filed in proceedings 2023/445154 and 2023/445442 were deemed incompetent. The applicant was ordered to pay the respondent's costs in each of the proceedings before the Court of Appeal.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Most Recent Citation
TRASENTE, D.J. Developments Pty Limited v McCreight [2024] SADC 149
Cases Citing This Decision
4
Cavar v Campbelltown Catholic Club Limited (No 3)
[2025] NSWSC 1036
Piggott v Van Der Veen
[2025] NSWDC 391
Aguasa v Hunter
[2024] WASC 380
Cases Cited
4
Statutory Material Cited
4
Tame v New South Wales
[2002] HCA 35
Wicks v State Rail Authority (NSW)
[2010] HCA 22
King v Philcox
[2015] HCA 19