Stanton v Fell

Case

[2014] NSWCA 44

07 March 2014


Details
AGLC Case Decision Date
Stanton v Fell [2014] NSWCA 44 [2014] NSWCA 44 07 March 2014

CaseChat Overview and Summary

In *Stanton v Fell*, the applicant sought leave to appeal from a decision of the primary judge. The dispute concerned an amount less than $100,000.

The Court of Appeal was required to determine whether the applicant had demonstrated sufficient grounds to warrant leave to appeal, particularly given the monetary value of the subject matter.

The Court reasoned that the mere fact that less than $100,000 was at issue was not, in itself, sufficient to establish the arguability of an appeal. The applicant failed to demonstrate that the appeal had a real prospect of success or that there was any other compelling reason for the appeal to be heard.

Consequently, the application for leave to appeal was dismissed with costs.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Limitation Periods

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Cases Cited

5

Statutory Material Cited

2

Stanton v Fell [2013] NSWSC 1001