Shannessy v Beattie

Shannessy v Beattie concerned an application for leave to appeal to the Court of Appeal of New South Wales. The applicant sought to appeal against a decision of a primary judge, where the amount in issue, excluding costs, was approximately $17,000.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted. This involved considering whether the applicant had demonstrated an arguable case for appeal against the primary judge's conclusions of law, and whether there were any broader questions of principle at stake that would justify granting leave, notwithstanding the relatively small monetary value of the dispute.

The Court of Appeal determined that leave to appeal is not ordinarily granted merely because an arguable case exists, particularly when the matter in issue is of limited monetary value and no question of principle is involved. Applying this principle, the Court dismissed the application for leave to appeal. The applicant was ordered to pay the costs of the first respondent in the Court of Appeal.