Russo v Desiatnik

The applicants, Russo and Desiatnik, sought leave to appeal to the Court of Appeal from a judgment of the Supreme Court of New South Wales. The Supreme Court had affirmed a decision of a magistrate who found the solicitor, Mr. Desiatnik, liable to pay the barrister, Mr. Russo, fees for professional services rendered. The dispute concerned a sum less than $100,000.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal from the Supreme Court's decision. This required the court to consider whether the matter involved an issue of principle, a question of general importance, or an injustice that was reasonably clear.

Emmett and Gleeson JJA determined that the threshold for granting leave to appeal had not been met. Their Honours found no issue of principle or question of general importance that warranted appellate intervention. Furthermore, they concluded that there was no reasonably clear injustice that would justify granting leave. Consequently, leave to appeal was refused.

The court ordered that leave to appeal be refused, with costs to follow the event.