Gibson v Drumm

Case

[2016] NSWCA 206

12 August 2016


Details
AGLC Case Decision Date
Gibson v Drumm [2016] NSWCA 206 [2016] NSWCA 206 12 August 2016

CaseChat Overview and Summary

This matter concerned an application for leave to appeal from a decision of the District Court of New South Wales. The applicant, Gibson, sought to appeal against a judgment that had been entered against him. The respondent was Drumm.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted. This involved a consideration of the circumstances in which leave to appeal is appropriate, recognising that the grant of leave is a discretionary determination. The Court also had regard to the relevance of the sum in issue in determining whether to grant leave.

The Court of Appeal considered the application for leave to appeal and the circumstances surrounding it. After weighing the relevant factors, including the sum of money involved, the Court exercised its discretion. The Court determined that leave to appeal should not be granted.

Accordingly, the Court ordered that time for filing the summons for leave to appeal be extended to 8 June 2016, but the summons for leave to appeal itself was refused.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

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Cases Citing This Decision

28

Breen v Clough [2025] NSWCA 144
Cases Cited

12

Statutory Material Cited

3

Gibson v Drumm [2016] NSWSC 570