Causmag Ore Company Pty Ltd v Blue NRG Pty Ltd [2022] NSWCA 251

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Causmag Ore Company Pty Ltd v Blue NRG Pty Ltd [2022] NSWCA 251 Hearing dates: 6 December 2022 Date of orders: 6 December 2022 Decision date: 06 December 2022 Before: Gleeson JA; Basten AJA Decision: (1) Extend the time for service of the summons seeking leave to appeal from the judgment in the Common Law Division up to and including 28 September 2022. (2) Dismiss the application for leave to appeal. (3) Order that the applicant pay the respondent's costs of the application. Catchwords: APPEAL – leave to appeal – application for leave to appeal from judgment in Division on appeal from Local Court – appeal to Division limited to question of law – amount in issue below threshold in Supreme Court Act 1970 (NSW), s 101(2)(r) – disproportion between amount in dispute and costs – no more than arguable error of law – no issue of principle – applicant bore onus of proof at trial and failed to adduce evidence to support claim Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Courts Legislation Further Amendment Act 1997 (NSW), Sch 1.11[2] Local Court Act 2007 (NSW), s 40 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 51.10 Cases Cited: Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment Parties: Causmag Ore Company Pty Ltd (Applicant) Blue NRG Pty Ltd (Respondent) Representation: Counsel: A E Maroya (Applicant) A L Oakes (Respondent)