Moskios v Splendid Developments Pty Ltd; Bishay v Moskios

This matter concerned an application for leave to appeal from interlocutory judgments and orders made in the District Court of New South Wales. The primary dispute involved claims between Mr Moskios and Splendid Developments Pty Ltd, with Mr Bishay also a party. The applications for leave to appeal related to decisions made by a primary judge concerning amendments to a Statement of Claim, the withdrawal of admissions, and the form of orders pronounced.

The Court of Appeal was required to determine whether leave to appeal should be granted in relation to these interlocutory decisions. Specifically, the court considered whether the issues decided in the interlocutory judgments remained open to challenge on appeal from a final decision, and whether the reversal of an interlocutory decision would avoid a trial or necessitate a second trial. The court also had to assess the prospects of success on appeal and the relevance of s 56 of the *Civil Procedure Act 2005* to applications for leave to appeal. Furthermore, the court considered the costs of the applications, particularly where one application was discontinued and another was only pressed conditionally.

The Court of Appeal found that there were insufficient prospects of success on appeal to justify the grant of leave. The court reasoned that the issues raised by the applications for leave to appeal were not of such a nature that their reversal would avoid a trial or require a second trial. The court also considered the specific circumstances of the applications, including the interconnectedness of the issues and the defensive nature of one of the applications, in determining the appropriate costs orders.

The summons seeking leave to appeal brought by Mr Bishay concerning the decision of Judge Gibb was dismissed with costs. Mr Bishay and Splendid Developments were ordered to pay the costs of the application brought by Mr Moskios, which was discontinued.