Dubow v Slyvan Developments Pty Ltd

In the matter of Dubow v Sylvan Developments Pty Ltd, the appellant sought leave to appeal a decision of the Supreme Court of New South Wales concerning an application for a liquidated demand of money. The appellant argued that the claim was not liquidated, and that the conduct of the hearing warranted an appeal. The respondent, Sylvan Developments Pty Ltd, opposed the application, arguing that the decision was correct and that the appeal should be dismissed. The court was required to determine whether the claim was indeed liquidated, and if the conduct of the hearing warranted an appeal. The court also had to consider the appropriate exercise of its discretion to grant leave to appeal.

The court noted that the primary question was whether the claim was liquidated. The court found that the claim was indeed liquidated, and that the respondent was entitled to a liquidated sum. The court also found that the conduct of the hearing did not warrant an appeal. The court held that the primary judge had exercised their discretion correctly, and that there was no compelling reason to grant leave to appeal. The court found that the appeal was unlikely to succeed and that there was no significant public interest in the appeal being heard. Accordingly, the court refused the application for leave to appeal.

In summary, the court found that the claim was liquidated and that the conduct of the hearing did not warrant an appeal. The court refused the application for leave to appeal, finding that the appeal was unlikely to succeed and that there was no significant public interest in the appeal being heard. The decision of the primary judge was upheld, and the respondent was entitled to the liquidated sum claimed.