Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Option Holdings Pty Ltd v Meng Yu [2025] NSWCA 18 Hearing dates: On the papers Date of orders: 25 February 2025 Decision date: 25 February 2025 Before: Ward P; Basten AJA Decision: 1. Dismiss the applicants’ summons seeking leave to appeal.
2. Order that the applicants pay the respondent’s costs in the sum of $7,395.36.
Catchwords: APPEALS – leave to appeal – where respondent granted summary judgment at first instance under r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) – where appeal has limited practical utility – appellant identified reference to issue of costs – monetary threshold – not satisfied
Legislation Cited: Supreme Court Act 1970 (NSW), s 101
Uniform Civil Procedure Rules 2005 (NSW), rr 13.1,14.28
Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69
Cheng v Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118
Clarke v State of New South Wales [2015] NSWCA 27
Hamod v State of New South Wales [2011] NSWCA 375
Hynash Constructions Pty Ltd v BRP Industries Pty Ltd [2025] NSWCA 14
Young v Hones (No 2) [2014] NSWCA 338
Category: Principal judgment Parties: Option Holdings Pty Ltd (First Applicant)
Howard Hao Ting Cao (Second Applicant)
Meng Yu (Respondent)Representation: Counsel:
Solicitors:
J Tomaras (Solicitor) (Applicants)
P Lin (Respondent)
Acme Consulting Lawyers (Applicants)
GEA Lawyers (Respondent)
File Number(s): 2024/361158 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law Division
- Date of Decision:
- 3 September 2024
- Before:
- Fagan J
- File Number(s):
- 2024/149766
JUDGMENT
-
THE COURT: Before the Court, for determination on the papers by consent, is an application brought by the applicants (Option Holdings Pty Ltd and Howard Hao Ting Cao) for leave to appeal from a decision of Fagan J (the primary judge) in the Common Law Division, granting an application by the respondent (Meng Yu) for summary judgment against the applicants in the sum of $1,096,955.83 and ordering that the applicants pay the respondent’s costs of the proceedings in the gross sum of $19,254. The primary judge gave ex tempore reasons for that decision (Yu v Option Holdings Pty Ltd (Supreme Court (NSW), Fagan J, 3 September 2024, unrep)).
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The underlying dispute between the parties related to a sum of $1 million (the settlement sum) payable pursuant to a Settlement Deed (the Deed) entered into on 16 November 2022 to settle earlier court proceedings between the parties in respect of a loan made by the respondent to the first applicant (Option Holdings), the repayment of which was guaranteed by the second applicant (Mr Cao). In particular, the dispute was as to whether the settlement sum was repayable by 30 June 2023 (as the Deed provided and the respondent contended) or on completion of an extension to 31 October 2024 (as the applicants contended).
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For the reasons set out below, the summons for leave to appeal…
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- Case
- [2025] NSWCA 18
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether leave to appeal should be granted, given the limited practical utility of the proposed appeal and the failure to meet the relevant monetary threshold. The Court was required to consider whether there were sufficient grounds to permit the appeal to proceed, notwithstanding these limitations.
Ward P and Basten AJA dismissed the applicants’ summons seeking leave to appeal. Their Honours concluded that the appeal had limited practical utility and that the monetary threshold had not been satisfied. Consequently, the Court ordered that the applicants pay the respondent’s costs in the sum of $7,395.36.
Orders
Orders of the court
1. Dismiss the applicants’ summons seeking leave to appeal.
2. Order that the applicants pay the respondent’s costs in the sum of $7,395.36.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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