Johnston v Nationwide News Pty Ltd & 1 Or [2005] NSWCA 17

A District Court's act under s 203 District Court Act 1973 (NSW) in referring (or refusing to refer) a question of contempt to the Supreme Court is not a 'judgment or order in an action' as required by s 127(1) for appellate jurisdiction, so no appeal lies. Leave to appeal with respect to the costs order is refused due to established reluctance and absence of special grounds.

Jurisdiction: Australia
Judgment Date: 11 February 2005
Procedural Posture: Application for Leave to Appeal / Court of Appeal Determination of Leave Application
Outcome: Application for leave to appeal dismissed
Legal Topics: ['appeals From District Court' 'jurisdiction of Appeal' 'costs Orders' 'referral of Contempt to Supreme Court']

['practice and Procedure' 'contempt of Court'] ['appeals From District Court' 'jurisdiction of Appeal' 'costs Orders' 'referral of Contempt to Supreme Court']

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Leave Application

Legal Issues

1 ["Whether a District Court's refusal to refer a contempt matter to the Supreme Court under s 203 of the District Court Act 1973 (NSW) is a 'judgment or order in an action' under s 127(1) permitting appeal" 'Whether leave to appeal should be granted against a District Court cost order made in contempt proceedings referred under s 203']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed

Orders

['Application for leave to appeal dismissed' 'No order as to costs in relation to the appeal']