Gwynvill Properties Pty Ltd v UTSG Pty Ltd [2017] NSWCA 208

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gwynvill Properties Pty Ltd v UTSG Pty Ltd [2017] NSWCA 208 Hearing dates: 16 August 2017 Date of orders: 16 August 2017 Decision date: 22 August 2017 Before: Leeming JA at [1]; White JA at [2] Decision: 1. Summons seeking leave to appeal filed 6 June 2017 dismissed. 2. No orders as to costs with the intent that the parties bear their own costs. Catchwords: CIVIL PROCEDURE — Court of Appeal — Leave to appeal — From interlocutory orders — exercise of discretion on a matter of practice and procedure — inappropriate vehicle for considering question of principle — no reasonable prospect of success — leave refused Cases Cited: Ashby v Slipper (No. 2) [2016] FCA 550 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 125 Helicopter Aerial Surveys Pty Ltd v Garry Robertson [2015] NSWSC 2104 Liberty Funding Pty Ltd v Phoenix Capital Limited [2005] FCAFC 3; (2005) 218 ALR 283 R v Saleam [1999] NSWCCA 86 Re Will of Gilbert (dec'd) (1946) 46 SR (NSW) 318 UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2017] NSWSC 558 Category: Principal judgment Parties: Gwynvill Properties Pty Ltd (Applicant) UTSG Pty Ltd (1st Respondent) Mirza Baig (2nd Respondent) Roselyn Singh (3rd Respondent) V Health Plus Foundation Pty Ltd (4th Respondent) V health Solutions Pty Ltd (5th Respondent) The Health Plus International Pty Ltd (6th Respondent) The K.I.S.S. Foundation Pty Ltd (7th Respondent) Representation: Counsel: P Doyle Gray (Applicant) A Russoniello (1st, 3rd, 4th, 6th and 7th Respondents)