This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court considered an application for leave to appeal against a judgment and order granted on 28 April 2026, where summary judgment had been granted in favour of the applicant. The court referred to the section 17(1) test and said the respondents had not satisfied it. The application for leave to appeal was dismissed and costs were awarded on scale B.
This may be relevant to parties interested in leave to appeal practice and summary judgment procedure.
Evidence from source
This is an application by the Respondents for leave to appeal against the whole of the judgment and order granted by this Court on 28 April 2026.
Supports: plain_summary sentence 1
Having done so, this Court is not persuaded that the Respondents have satisfied the test for leave to appeal as set out in Section 17(1) of the Act.
Supports: plain_summary sentence 2
The application for leave to appeal is dismissed. 2. The Respondents are to pay the party and party costs of the application on scale B.
Supports: plain_summary sentence 3