Saini v Nachatter

This matter concerned an application for leave to appeal from a decision of the primary judge in the District Court of New South Wales. The applicant, Mr Saini, sought leave to appeal against orders made in proceedings against the respondent, Mr Nachatter, where the applicant had achieved only limited success.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted. This required the Court to consider the applicant's prospects of success on appeal, the significance of any alleged error by the primary judge, and whether the costs of the appeal would be disproportionate to the amount in dispute. The Court also had regard to the fact that no order had been made as to the trial costs, and that the main head of damage claimed by the applicant had not been awarded.

The Court of Appeal determined that the applicant's prospects of success were not strong. It noted that the alleged error of fact finding by the primary judge, coupled with the small amount in issue, meant that the costs of an appeal would likely be disproportionate to the amount in dispute. Consequently, the Court refused leave to appeal.

Leave to appeal was refused, with costs ordered in favour of the respondent.