Makowska v St George Community Housing Ltd
Case
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[2021] NSWCA 249
•18 October 2021
Details
AGLC
Case
Decision Date
Makowska v St George Community Housing Ltd [2021] NSWCA 249
[2021] NSWCA 249
18 October 2021
CaseChat Overview and Summary
The applicant, Ms Makowska, sought leave to appeal a decision of the District Court of New South Wales concerning her dispute with the respondent, St George Community Housing Ltd. The precise nature of the underlying dispute is not detailed in the provided text, but the application for leave to appeal focused on whether the District Court's decision involved an issue of principle, a question of general public importance, or resulted in an injustice.
The Court of Appeal was required to determine whether the threshold for granting leave to appeal, as established by relevant legislation and case law, was met. Specifically, the court had to assess if the applicant's case presented any novel legal questions, had broader implications for the public, or if upholding the District Court's decision would lead to a demonstrable and significant injustice.
Leeming and Payne JJA dismissed the applicant's summons, finding that the criteria for granting leave to appeal were not satisfied. Their Honours concluded that the case did not raise an issue of principle, a question of general public importance, or an injustice that warranted appellate intervention. Consequently, the applicant was ordered to pay the first respondent's costs of the application.
The Court of Appeal was required to determine whether the threshold for granting leave to appeal, as established by relevant legislation and case law, was met. Specifically, the court had to assess if the applicant's case presented any novel legal questions, had broader implications for the public, or if upholding the District Court's decision would lead to a demonstrable and significant injustice.
Leeming and Payne JJA dismissed the applicant's summons, finding that the criteria for granting leave to appeal were not satisfied. Their Honours concluded that the case did not raise an issue of principle, a question of general public importance, or an injustice that warranted appellate intervention. Consequently, the applicant was ordered to pay the first respondent's costs of the application.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Most Recent Citation
High Court Bulletin [2022] HCAB 2
Cases Citing This Decision
4
Khanna v Bunnings Group Limited
[2025] NSWSC 199
Makowska v St George Community Housing Limited
[2024] NSWSC 1243
Antonaras v NSW Land and Housing Corporation
[2022] NSWCATCD 54
Cases Cited
4
Statutory Material Cited
7
Collins Thomson v Clayton
[2002] NSWSC 366
Makowska v St George Community Housing Ltd
[2021] NSWSC 287