McKENZIE v BADDELEY [1991] NSWCA 196

McKENZIE v BADDELEY [1991] NSWCA 196

In proceedings under the Family Provision Act 1982 where a Master makes a final order, the appeal to the Court of Appeal lies as of right as provided in s101(1) of the Supreme Court Act 1970, and thus a summons for leave to appeal is unnecessary.

Parties
Claimant: Renneth McKenzie; Opponent / Administatrix: Alma Anna Baddeley
Jurisdiction
Australia
Judgment Date
01 July 1991
Procedural Posture
Appeal / Summons for Leave to Appeal From a Decision of a Master, Supreme Court of NSW
Outcome
Summons for leave to appeal dismissed as unnecessary; claimant granted seven days to file an appeal as of right; costs of summons to be costs in the appeal; expedition order for early appeal hearing; both parties may apply to restrain distribution of estate pending appeal.
Legal Topics
Appeals From Master Decisions, Family Provision Act 1982 Eligibility, Right of Appeal Vs Leave to Appeal
Practice and Procedure Family Provision Appeals From Master Decisions Family Provision Act 1982 Eligibility Right of Appeal Vs Leave to Appeal

Case Brief

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Parties

Renneth McKenzie

Claimant

Alma Anna Baddeley

Opponent / Administatrix

Procedural Posture

Appeal / Summons for Leave to Appeal From a Decision of a Master, Supreme Court of NSW

Legal Issues

  1. 1 Whether appeal from a Master's decision under the Family Provision Act 1982 lies to the Court of Appeal as of right or by leave

Ratio Decidendi

In proceedings under the Family Provision Act 1982 where a Master makes a final order, the appeal to the Court of Appeal lies as of right as provided in s101(1) of the Supreme Court Act 1970, and thus a summons for leave to appeal is unnecessary.

Court Disposition

Summons for leave to appeal dismissed as unnecessary; claimant granted seven days to file an appeal as of right; costs of summons to be costs in the appeal; expedition order for early appeal hearing; both parties may apply to restrain distribution of estate pending appeal.

Orders

  • Summons for leave to appeal dismissed as unnecessary to determine
  • Grant the claimant seven days within which to file an appeal as of right and extend by seven days the time within which he may appeal