Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Hearing dates: 17 August 2017 Decision date: 08 September 2017 Before: Meagher JA; Payne JA; White JA Decision: (1) Leave to appeal refused. (2) The applicant pay the respondent's costs as agreed or assessed. Catchwords: APPEAL – application for leave to appeal – judgment below was an appeal from a Local Court magistrate limited to questions of law – no issue of principle, question of general importance or injustice which is reasonably clear – legal costs incurred disproportionate to amount in issue Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175; [1988] FCA 119 B & L Linings Pty Ltd v Chief Commissioner of State Revenue (2008) 74 NSWLR 481; [2008] NSWCA 187 Colby Corporation Pty Ltd v Federal Commissioner of Taxation (2008) 165 FCR 133; [2008] FCAFC 10 Osland v Secretary, Department of Justice (No 2) (2010) 241 CLR 320; [2010] HCA 24 Hoe v Manningham City Council [2011] VSC 37 Smalley v Secretary, Department of Health and Ageing [2011] FCA 302 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 The Age Company Ltd & Ors v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Schwartz Family Co Pty Ltd (Applicant) Capitol Carpets Pty Ltd (Respondent) Representation: Counsel: J Sleight (Applicant) E C Muston SC/J A Granger (Respondent)