McEvoy v Wagglens Pty Ltd

The applicant, McEvoy, sought leave to appeal against a decision of the primary judge in a dispute with Wagglens Pty Ltd. The application was heard by Bell P and Payne JA of the Court of Appeal of New South Wales.

The central issue before the Court of Appeal was whether leave to appeal should be granted, given that the amount in dispute was substantially less than the statutory threshold stipulated in section 101(2)(r) of the *Supreme Court Act 1970* (NSW). This provision generally requires an issue of principle or a question of public importance for leave to appeal to be granted in such circumstances.

The Court of Appeal found that the applicant had failed to identify any issue of principle or question of public importance that would justify granting leave to appeal. In the absence of such a demonstration, and given the amount in dispute fell below the statutory threshold, the Court concluded that the criteria for granting leave to appeal were not met.

Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the costs of Wagglens Pty Ltd.