M and H J Webb Pty Ltd v M N Armour

The parties to this matter were M and H J Webb Pty Ltd (the claimant) and M N Armour (the opponent). The dispute concerned a judgment debt owed by the claimant to the opponent, and specifically, the claimant's challenge to a Registrar's order for payment of that debt by instalments. The application for leave to appeal was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the judge below had erred in law or principle in declining to rescind the Registrar's order for payment by instalments. This required the court to consider whether the discretion exercised by the judge in refusing to set aside the instalment order was demonstrably flawed.

Giles JA and Sully AJA found no error of principle in the judge's decision. They reasoned that the claimant had failed to demonstrate any miscarrying of discretion that would warrant intervention by the Court of Appeal. The court applied the principle that leave to appeal will generally only be granted where there is a question of law or principle involved, or where the decision below is demonstrably wrong.

The Court of Appeal extended the time for the claimant to seek leave to appeal until the day of the hearing but ultimately refused the application for leave to appeal. The claimant was ordered to pay the opponent's costs of the applications.