NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Owners of Strata Plan No 97315 v Icon Co (NSW) Pty Ltd [2023] NSWCA 303 Hearing dates: 27 November 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Before: Bell CJ at [1]; Meagher JA at [24]; Adamson JA at [25] Decision: Application for leave to appeal is dismissed with costs Catchwords: APPEALS – leave to appeal – principles governing – where Applicant sought leave to appeal from a discretionary decision of the primary judge to adopt aspects of a referee's report – whether matter raises an issue of principle, a question of public importance, or a reasonably clear injustice going beyond something that is merely arguable Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: BE Financial Pty Limited v Das [2012] NSWCA 164 Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36 Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 House v The King (1936) 55 CLR 499; [1936] HCA 40 Owners SP 92450 v JKN Para 1 Pty Ltd [2023] NSWCA 114 PPK Willoughby Pty Limited v Baird [2019] NSWCA 48 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 at 288; [2009] HCA 8 Texts Cited: P Herzfeld and T Prince, Interpretation (2nd ed, 2020, Law Book Co) Category: Principal judgment Parties: The Owners of Strata Plan No 97315 (Applicant) ICON Co (NSW) Pty Ltd (Respondent) Representation: Counsel:
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