Khanna v Bond Realty Pty Ltd

The applicants, Khanna and others, sought leave to appeal a decision of the primary judge who had dismissed their proceedings against the respondent, Bond Realty Pty Ltd. The applicants had been granted liberty to file a further amended statement of claim but failed to do so, admitting they were unable to formulate their claim.

The central legal issue before the Court of Appeal was whether the applicants had satisfied the well-established grounds for granting leave to appeal. This involved considering whether there was any inadequacy in the reasons provided by the primary judge for their decision.

The Court of Appeal found that the applicants had not satisfied the grounds for leave to appeal. Their failure to file an amended statement of claim, despite being afforded the opportunity and admitting their inability to formulate their claim, meant that the primary judge's decision to dismiss the proceedings was not based on any inadequacy of reasons.

Consequently, the application for leave to appeal was dismissed with costs.