NRMA Insurance for the Nominal Defendant v Al-Bayati

The New South Wales Court of Appeal considered an application for leave to appeal in *NRMA Insurance for the Nominal Defendant v Al-Bayati*. The dispute concerned a motor vehicle accident where the amount in issue was less than $100,000.

The primary legal issue before the Court was whether to grant leave to appeal, given that the monetary threshold for an automatic right of appeal was not met. This required the Court to determine if there was a sufficient issue of principle or a clear injustice to warrant granting leave.

The Court reasoned that an appeal as of right was not available as the amount in dispute was below the statutory threshold. In considering the application for leave, the Court found no compelling reason to depart from this general rule. There was no identifiable issue of principle that required determination, nor was there evidence of a clear injustice that would necessitate appellate intervention.

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