Recent Cases

Rahme v Kekatos Lawyers Pty Ltd [2024] NSWCA 31 (19 February 2024) (Payne and Mitchelmore JJA, Simpson AJA)


Catchwords:


CIVIL PROCEDURE — abuse of process — where former solicitors claim payment for legal costs — where client recovers legal costs as damages from third party in Court of Appeal — where client subsequently argues that not liable for the costs

CIVIL PROCEDURE — Court of Appeal — application for leave to appeal — where applicant’s submissions do not raise any point of principle or general importance, or disclose any substantial injustice — where applicant’s success would make no practical difference

APPEALS — appeal from Local Court under s 39 or s 40 of Local Court Act 2007 (NSW) — whether findings of fact can be made on appeal