Mbuzi v AGL Sales Pty Limited

Mbuzi v AGL Sales Pty Limited was an application for leave to appeal a judgment of Justice Edelman, handed down on 5 July 2016, dismissing Mr Mbuzi’s application to set aside a notice of discontinuance of his proceeding against AGL Sales Pty Limited. Mr Mbuzi had commenced proceedings against AGL for overcharging and improperly making demands for payment and issuing disconnection notices to him. The proceeding was settled and discontinued by consent. Mr Mbuzi sought to set aside the notice of discontinuance on the basis that AGL had reneged on the terms of the deed of settlement. His application was dismissed.
The Court was required to decide whether the primary judgment was interlocutory or final, and whether it was attended by sufficient doubt to justify granting leave to appeal. The Court held that the primary judgment was interlocutory and that it was not attended by sufficient doubt to justify granting leave to appeal. The Court held that the primary judgment was interlocutory because it did not finally determine Mr Mbuzi’s rights. The Court held that it was not attended by sufficient doubt to justify granting leave to appeal because Mr Mbuzi had not identified any error in the primary judgment that had a real, substantial and prospects of success. The Court held that the primary judgment was correct because Mr Mbuzi had not identified any basis to set aside the notice of discontinuance. The Court held that the primary judgment was not attended by sufficient doubt to justify granting leave to appeal because Mr Mbuzi had not identified any error in the primary judgment that had a real, substantial and prospects of success.

The application for leave to appeal was dismissed, and Mr Mbuzi was ordered to pay the respondent’s costs of the application.