GIBBS & ANOR v MOUSSA & ANOR [2003] NSWSC 1208

GIBBS & ANOR v MOUSSA & ANOR [2003] NSWSC 1208

Because the proceedings were referred for trial before the Master under par 4 Pt 3 of Schedule D of the Rules of the Supreme Court, Pt 60 r 17 required any appeal from the Master's judgment to be brought in the Court of Appeal; no appeal lay to a judge of the Supreme Court, so the appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
02 December 2003
Procedural Posture
Appeal From Master / Appeal Hearing
Outcome
Appeal dismissed with costs; Costs of the appeal to be assessed on an indemnity basis
Legal Topics
['appeal From Master' 'jurisdiction of Single Judge' 'appeal to Court of Appeal' 'indemnity Costs']
['civil Procedure' 'appeals' 'costs'] ['appeal From Master' 'jurisdiction of Single Judge' 'appeal to Court of Appeal' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal From Master / Appeal Hearing

Legal Issues

  1. 1 ["Whether an appeal lay to a judge of the Supreme Court from Master Malpass's judgment in proceedings referred for trial under par 4 Pt 3 of Schedule D of the Rules of the Supreme Court." 'Whether the appeal should be dismissed with costs assessed on an indemnity basis.']

Ratio Decidendi

Because the proceedings were referred for trial before the Master under par 4 Pt 3 of Schedule D of the Rules of the Supreme Court, Pt 60 r 17 required any appeal from the Master's judgment to be brought in the Court of Appeal; no appeal lay to a judge of the Supreme Court, so the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs; Costs of the appeal to be assessed on an indemnity basis

Orders

  • ['Appeal dismissed with costs.' 'Costs of the appeal to be assessed on an indemnity basis.']