HP Mercantile Pty Ltd v Kym and Paul Clements

HP Mercantile Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the District Court. The dispute concerned the amount owed under a loan agreement between HP Mercantile Pty Ltd and Kym and Paul Clements. The appeal was brought as of right, but the Court was required to consider whether leave to appeal should be granted, given the amount in issue.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal. This involved determining whether the appeal was one that could be brought as of right, which is restricted where the amount in issue exceeds $100,000, or if leave was required. The Court also had to consider whether any injustice would be caused to either party by the refusal of leave.

The Court noted that at the time of the hearing before it, the amount in issue was $10. Applying the principles governing the grant of leave to appeal, and considering that no injustice would be caused to either party by refusing leave, the Court determined that leave to appeal should not be granted.

Consequently, leave to appeal was refused.