Bushby v Dixon Holmes du Pont Pty Ltd & Anor [2012] NSWCA 90

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bushby v Dixon Holmes du Pont Pty Ltd & Anor [2012] NSWCA 90 Hearing dates: 2 April 2012 Decision date: 17 April 2012 Before: Basten JA at 1; Sackville AJA at 1 Decision: (1) The application for leave to appeal is dismissed. (2) The applicant pay the respondents' costs of the application. [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: APPEAL - civil - where matter in issue amounting to $100,000 or less - appeal from District Court judgment for $59,562 in dispute over early termination of licence - no reasonable prospects of success in overturning finding of primary judge - arguable alternative case on appeal - would require retrial - expense of retrial and continuing litigation not commensurate with amount in dispute - application for leave to appeal dismissed Legislation Cited: District Court Act 1973 Trade Practices Act 1974 (Cth) Cases Cited: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Gurr v Robinson (NSWCA, 10 February 1986, unreported) Manchester Diocesan Council for Education v Commercial & General Investments Ltd [1970] 1 WLR 241; 3 All ER 1593 Zelden v Sewell; Henamast Pty Ltd v Sewell [2011] NSWCA 56 Category: Principal judgment Parties: Phillip Andrew Bushby (Applicant) Dixon Holmes du Pont Pty Ltd (First Respondent) Donald Martin Junn (Second Respondent) Representation: Counsel: A J Grant - Applicant M W Young SC - Respondents Solicitors: A N Walker - Applicant N/A - Respondents File Number(s): 2011/364619 Decision under appeal Citation: Dixon Holmes du Pont Pty Ltd v Bushby Date of Decision: 2011-10-19 00:00:00 Before: Sorby DCJ File Number(s): 2009/338431