Jabulani Pty Ltd v Walkabout II Pty Ltd [2016] NSWCA 267

Jabulani Pty Ltd v Walkabout II Pty Ltd [2016] NSWCA 267

Leave to appeal and cross-appeal was required because neither the appeal nor the cross-appeal involved an amount at issue or value of $100,000 or more; there was no issue of principle, public importance, or clear injustice; hence, appeals were dismissed as incompetent.

Parties
First Appellant / First Cross Respondent: Jabulani Pty Ltd ACN 108 084 126 as Trustee for the Simunye Discretionary Trust; Second Appellant / Second Cross Respondent: Filomena Sousa; Third Appellant / Third Cross Respondent: Kwafunda Pty Ltd ACN 108 084 117 as Trustee for the Funda Discretionary Trust; Fourth Appellant / Fourth Cross Respondent: Daniel Wilkinson; Respondent / Cross Appellant: Walkabout II Pty Ltd ACN 134 709 881 as Trustee for the Walkabout Trust
Jurisdiction
Australia
Judgment Date
22 September 2016
Procedural Posture
Appeal / Decision on Competency of Appeal and Cross Appeal (leave to Appeal)
Outcome
Appeal and cross-appeal dismissed as incompetent.
Legal Topics
Appointment of Receivers, Adoption of Referee's Report, Competency of Appeal, Leave to Appeal Jurisdictional Threshold
Partnership Civil Procedure Appointment of Receivers Adoption of Referee's Report Competency of Appeal Leave to Appeal Jurisdictional Threshold

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Parties

Jabulani Pty Ltd ACN 108 084 126 as Trustee for the Simunye Discretionary Trust

First Appellant / First Cross Respondent

Filomena Sousa

Second Appellant / Second Cross Respondent

Kwafunda Pty Ltd ACN 108 084 117 as Trustee for the Funda Discretionary Trust

Third Appellant / Third Cross Respondent

Daniel Wilkinson

Fourth Appellant / Fourth Cross Respondent

Walkabout II Pty Ltd ACN 134 709 881 as Trustee for the Walkabout Trust

Respondent / Cross Appellant

Procedural Posture

Appeal / Decision on Competency of Appeal and Cross Appeal (leave to Appeal)

Legal Issues

  1. 1 Whether appeal and cross-appeal are competent without leave pursuant to statutory threshold
  2. 2 Whether requisite value for appeal under s 101(2)(r) Supreme Court Act 1970 (NSW) is satisfied
  3. 3 Appropriateness of refusing leave where issues relate only to small claims and no issue of principle or public importance arises

Ratio Decidendi

Leave to appeal and cross-appeal was required because neither the appeal nor the cross-appeal involved an amount at issue or value of $100,000 or more; there was no issue of principle, public importance, or clear injustice; hence, appeals were dismissed as incompetent.

Court Disposition

Appeal and cross-appeal dismissed as incompetent.

Orders

  • Purported appeal in the notice of appeal filed 7 December 2015 is dismissed as incompetent
  • There be no order as to costs of the purported appeal, with the intention that the parties bear their own costs