Cachia v Grech [2009] NSWCA 232

New South Wales Court of Appeal

CITATION: Cachia v Grech [2009] NSWCA 232

HEARING DATE(S): On the papers

JUDGMENT DATE: 30 July 2009

JUDGMENT OF: Hodgson JA; Ipp JA

DECISION: Application for leave to appeal is dismissed with costs.

CATCHWORDS: PROCEDURE – Application for leave to appeal – Need to show reasonably arguable case of error, and that there is a reasonable prospect of substantive relief being obtained.

LEGISLATION CITED: Legal Profession Act 2004 ss 317, 319, 327

CATEGORY: Procedural and other rulings

PARTIES: Laurence CACHIA (claimant) Henry GRECH trading as Grech Partners Solicitors (opponent)

FILE NUMBER(S): CA 40071/09

COUNSEL: A T S DAWSON (opponent)

SOLICITORS: Laurence CACHIA self-represented (claimant) Colin Biggers & Paisley (opponent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 04319/08

LOWER COURT JUDICIAL OFFICER: Murrell SC DCJ

LOWER COURT DATE OF DECISION: 9 December 2008

LOWER COURT MEDIUM NEUTRAL CITATION: Cahcia v Grech [2008] NSWDC 288

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40071/09 DC 04319/08

HODGSON JA IPP JA

30 JULY 2009 Laurence CACHIA v Henry GRECH trading as Grech Partners Solicitors Judgment 1 THE COURT: On 9 December 2008, Murrell SC DCJ determined proceedings brought by the applicant (Mr Cachia) against the respondent (Mr Grech) challenging a decision of the Consumer Trader and Tenancy Tribunal (CTTT), by affirming that decision. 2 Mr Cachia seeks leave to appeal from the primary judge's decision. The parties agreed that the leave application be determined on the papers.