Hansen v Slattery Transport (NSW) Pty Ltd [2011] NSWCA 193

Hansen v Slattery Transport (NSW) Pty Ltd [2011] NSWCA 193

As the combined amounts at issue in the appeal exceed $100,000 and it cannot be seen on the face of the documents that the result of the appeal cannot realistically involve such an amount, leave is not required and the objection to competency should be dismissed.

Jurisdiction
Australia
Judgment Date
04 July 2011
Procedural Posture
Appeal / Objection to Competency of Appeal; Notice of Motion
Outcome
Objection to competency dismissed.
Legal Topics
['appeal Competency' 'amount at Issue' 'leave to Appeal']
['civil Procedure'] ['appeal Competency' 'amount at Issue' 'leave to Appeal']

Case Brief

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Procedural Posture

Appeal / Objection to Competency of Appeal; Notice of Motion

Legal Issues

  1. 1 ['Whether the appeal involves an amount at issue exceeding $100,000 under District Court Act 1973 (NSW) s 127(2)' 'Whether leave to appeal is required when combined amounts in issue exceed $100,000']

Ratio Decidendi

As the combined amounts at issue in the appeal exceed $100,000 and it cannot be seen on the face of the documents that the result of the appeal cannot realistically involve such an amount, leave is not required and the objection to competency should be dismissed.

Court Disposition

Objection to competency dismissed.

Orders

  • ['The notice of motion filed 24 June 2011 be dismissed.' 'The costs of the motion are to be costs in the appeal.']