Jaycar Pty Limited & Anor v Ross Lombardo

[2012] HCASL 80

JAYCAR PTY LIMITED & ANOR

v

ROSS LOMBARDO

[2012] HCASL 80

S390/2011

1. The applicants seek special leave to appeal against the orders of the Court of Appeal of the Supreme Court of New South Wales (Campbell, Young and Meagher JJA) dismissing an application for leave to appeal against orders of the District Court of New South Wales (Sorby DCJ).

2. The respondent was injured after a battery – manufactured in China, imported by the second applicant and purchased from the first applicant –disintegrated in his pocket.  He commenced proceedings against the applicants in the District Court of New South Wales.  The applicants were found to be liable, and the respondent was ultimately awarded damages of $46,400.

3. The applicants sought to appeal against the District Court Judge's findings on liability. As the judgment or order challenged involved a matter at issue amounting to less than $100,000, leave was required pursuant to s 127(2)(c) of the District Court Act 1973 (NSW). The Court of Appeal refused to grant leave because the case involved no question of principle or issue of general public importance, the dispute had already consumed significant time and costs, and it was not reasonably clear that the primary judge's conclusion about liability was wrong.

4. The applicants' proposed grounds of appeal include a ground that the Court of Appeal misdirected itself in respect of the correct principles to apply to the application for leave to appeal.  The relevant principles were not the subject of argument before the Court of Appeal.  The application concerns matters of practice and procedure and an exercise of discretion.  The applicants do not enjoy sufficient prospects of success to warrant a grant of special leave.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

6          K.M. Hayne

7          10 May 2012

8  S.M. Crennan