Totev v SFAR t/as SFAR Financial Group

The applicant, Totev, sought leave to appeal against a decision of the primary judge. The respondent was SFAR trading as SFAR Financial Group. The dispute concerned an application to file further evidence, which had been refused by the primary judge. However, the applicant conceded that the substantive issue of the appeal was no longer in dispute.

The central legal issue before the Court of Appeal was whether it should proceed to determine the appeal, despite the substantive matter being resolved, solely for the purpose of resolving the question of costs. The Court was required to consider whether there remained a serious question to be tried in the context of an appeal where the underlying dispute had been settled.

The Court reasoned that the purpose of an appeal is to correct errors of law or fact made by the primary judge. Where the substantive issues are no longer in contention, there is generally no longer a live controversy to be adjudicated. The Court determined that it would not exercise its discretion to hear an appeal solely to determine costs when the substantive matter was no longer in dispute, as this would not serve the proper function of appellate review.

Consequently, the summons for leave to appeal was dismissed.