Kim v Angus Developments Pty Ltd

The parties involved were Kim and Angus Developments Pty Ltd. The dispute concerned an application for leave to appeal a decision of the Supreme Court of New South Wales. The application was heard by White JA and Emmett AJA.

The central legal issue before the Court of Appeal was whether there were sufficient grounds to depart from the usual principle that leave to appeal is not granted on a separate question, pursuant to section 103 of the *Supreme Court Act 1970* (NSW).

The Court of Appeal considered the nature of the separate question and concluded that it did not present a compelling reason to deviate from the established practice. The Court found that the circumstances did not warrant the granting of leave to appeal on the separate question.

Consequently, leave to appeal was refused, and the applicant was ordered to pay the costs of the respondent.