May v Brahmbhatt

In the matter of *May v Brahmbhatt*, the applicant sought leave to appeal from a decision of the District Court. The dispute concerned the enforceability of a contract, with the applicant alleging it was harsh and unconscionable. The appeal was heard by Beazley P, Basten JA, and Bergin CJ in Eq in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the applicant had an arguable case for leave to appeal under the *District Court Act 1973* and, more specifically, whether the trial judge had denied the applicant procedural fairness. Further, the court considered whether the contract in question was entered into in the course of or for the purpose of a trade, business, or profession, which would render it ineligible for review under section 6(2) of the *Contracts Review Act 1980*. The court also had to determine if the contract was unjust at the time it was made, pursuant to section 7 of the *Contracts Review Act 1980*.

The Court of Appeal determined that the applicant did not have an arguable case in relation to the first ground of appeal, which likely concerned the application of section 6(2) of the *Contracts Review Act 1980*. However, the court found that there was an arguable case concerning the second ground of appeal, relating to procedural fairness. Despite granting leave to appeal on this specific ground, the Court of Appeal ultimately dismissed the appeal, ordering that the applicant pay the respondent's costs.