Option Holdings Pty Ltd v Meng Yu

Option Holdings Pty Ltd (the appellant) sought leave to appeal from a decision of the primary judge who had granted summary judgment to Meng Yu (the respondent) under rule 13.1 of the *Uniform Civil Procedure Rules 2005* (NSW). The appeal had limited practical utility, with the appellant identifying a reference to the issue of costs as the sole remaining point of contention. A monetary threshold relevant to the appeal was not satisfied.

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.