Saini v Nachatter [2011] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Saini v Nachatter [2011] NSWCA 240 Hearing dates: On the papers Decision date: 18 August 2011 Before: Allsop P at 1; Basten JA at 1 Decision: Leave to appeal refused with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - appeal - leave required - no order as to trial costs - limited success - main head of damage not awarded - Uniform Civil Procedure Rules 2005 (NSW) Rule 42.1

PROCEDURE - civil - leave to appeal -error of fact finding by primary judge - amount in issue small - costs disproportionate to the amount in dispute - prospect of success not strong Legislation Cited: District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW), r 51.15 Category: Principal judgment Parties: Lakhvir Singh Saini - First Applicant Saini Pty Ltd - Second Applicant

Sarto Nachatter - Respondent Representation: Counsel:

D A Lloyd - Applicants S E Loomes - Respondent Solicitors:

Byrnes & Cox Lawyers - Applicants Fishburn Watson O'Brien, The Law - Respondent File Number(s): CA 2009/339609 Decision under appeal Date of Decision: 2010-12-16 00:00:00 Before: McLoughlin DCJ File Number(s): DC 2009/339609