Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Hearing dates: 29 May 2012 Decision date: 29 May 2012 Before: Basten JA at 1; Tobias AJA at 44 Decision: (1) Refuse application for leave to appeal. (2) Applicant to pay the respondent's costs in this Court. [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 - leave to appeal - legal error insufficient where amount in issue below threshold - relevant considerations - whether expense proportionate to amount in issue - Civil Procedure Act 2005 (NSW), ss 58 and 60

APPEAL - civil - leave to appeal - whether threshold value of matter in issue satisfied where damage below threshold but with costs order, independently challenged, amount above threshold - whether each challenge to be assessed independently - discussion of Jensen v Ray [2011] NSWCA 247 - District Court Act 1973 (NSW), s 127; Supreme Court Act 1970 (NSW), s 101

APPEAL - civil - procedure - leave to appeal - circumstances warranting concurrent hearing of application for leave and prospective appeal - time limit for submissions on application for leave only - Uniform Civil Procedure Rules 2005 (NSW), r 51.14