Elleray v Rail Corporation NSW

In *Elleray v Rail Corporation NSW*, the applicant sought leave to appeal from a decision of the primary judge. The dispute concerned a claim brought by the applicant against the respondent, Rail Corporation NSW. The appeal was heard by Ward and Payne JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted. This question arose in circumstances where the primary judge's findings were based on an assessment of the credit of witnesses, and the claim was below a statutory threshold.

Ward and Payne JJA refused leave to appeal. Their Honours applied the principles governing the grant of leave to appeal, particularly in cases where the appeal concerns findings of fact based on credit. The court considered that the threshold for granting leave had not been met.

Leave to appeal was refused with costs.