Sarina v Mackay [2021] NSWCA 306

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sarina v Mackay [2021] NSWCA 306 Hearing dates: 8 December 2021 Decision date: 14 December 2021 Before: Gleeson JA at [1]; Leeming JA at [2]; Sackar J at [42]. Decision: 1. Notice of appeal filed 19 October 2021 dismissed. 2. Summons seeking leave to appeal filed 22 June 2021 dismissed. 3. Mr Sarina to pay Mr Mackay's costs of the proceedings in this Court. Catchwords: APPEALS – Local Court entered judgment in favour of respondent and dismissed cross-claim – appeal to Supreme Court constituted by Associate Judge dismissed – leave refused to bring appeal on mixed question of fact and law – nature of further appeal to Court of Appeal – whether appeal as of right or with leave – no error attending refusal of leave – appeal dismissed Legislation Cited: Local Court Act 2007 (NSW), ss 29(1)(a), 39, 40 Supreme Court Act 1970 (NSW), ss 101, 104, 118 Supreme Court Rules 1970 (NSW), Pt 60 rr 1A(1)(c), 17(a1), Schedule D Cases Cited: Gaynor v Attorney General for New South Wales (2020) 102 NSWLR 123; [2020] NSWCA 48 Sarina v Mackay [2021] NSWSC 269 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Category: Principal judgment Parties: Clinton Sarina (Applicant) Stewart Mackay (Respondent) Representation: Counsel: J R Young; C Bolger (Applicant) T Crispin (Respondent)

Solicitors: Kalantzis Lawyers (Applicant) Lloyd & Lloyd Solicitors (Respondent) File Number(s): 2021/00106669; 2021/00296835 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2021] NSWSC 269 Date of Decision: 22 March 2021 Before: Harrison AsJ File Number(s): 2019/343943