Khanna v Bond Realty Pty Ltd [2019] NSWCA 128

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khanna v Bond Realty Pty Ltd [2019] NSWCA 128 Hearing dates: 27 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Before: Bell P and Gleeson JA Decision: Application for leave to appeal dismissed with costs. Catchwords: APPEALS – application for leave to appeal – well-established grounds for leave to appeal not satisfied –no inadequacy of reasons for primary judgment

CIVIL PROCEDURE – proceedings dismissed by primary judge – applicants failed to exercise liberty they had been afforded to file further amended statement of claim – applicants admitted to being unable to formulate their claim Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: House v The King (1936) 55 CLR 499 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Re Minister for Immigration & Ethnic Affairs; ex parte Lai Qin [1997] HCA 6, 1997 186 CLR 622 Category: Principal judgment Parties: Sanjeev Khanna (First Applicant) Geeta Khanna (Second Applicant) Bond Realty Pty Ltd (First Respondent) Jaskeerat Singh Baweja (Second Respondent) Representation: Counsel: Applicants in person P Thew (First Respondent) T Berberian (Second Respondent)

Solicitors: Anderson Lawyers (First Respondent) Colin Biggers & Paisley (Second Respondent) File Number(s): 2018/380982 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 30 November 2018 Before: Curtis ADCJ File Number(s): 2017/93196