C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2024] NSWCA 52

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2024] NSWCA 52 Hearing dates: On the papers Date of orders: 13 March 2024 Decision date: 13 March 2024 Before: Leeming JA, Stern JA Decision: (1) Leave to appeal granted. (2) Notice of Appeal in the form of the draft notice of appeal in the White Folder to be filed and served within 14 days. (3) Matter to be listed before the Registrar for directions and allocation of a date at a time to be advised. Catchwords: APPEALS – leave to appeal – monetary threshold – principles governing grant of leave to appeal below monetary threshold – whether application identified issue of principle, question of general public importance or reasonably clear injustice – whether application goes beyond being merely arguable Legislation Cited: District Court Act 1973 (NSW), s 127(2)(c) Supreme Court Act 1970 (NSW), s 101(2) Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 C & V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd (No. 4) [2023] NSWDC 483 C&V Engineering Services Pty Ltd v Metropolitan Demolitions Pty Ltd [2023] NSWCA 167 Cheng v Motor Yacht Sales Australia Pty Ltd (t/as The Boutique Boat Company) (2022) 108 NSWLR 342; [2022] NSWCA 118 Clea Shipping Corp v Bulk Oil International Ltd (No. 2) (The Alaskan Trader) [1984] 1 All ER 129 Meriton Apartments Pty Limited v The Owners Strata Plan No. 72381 [2015] NSWSC 202 White and Carter (Councils) Limited v McGregor [1962] AC 413 Category: Procedural rulings Parties: C & V Engineering Services Pty Ltd (Applicant) Metropolitan Demolitions Pty Ltd (Respondent Representation: Counsel: D Weinberger (Applicant) M Sheldon (Respondent)