Bowers v Judicial Commission of New South Wales [2022] NSWCA 69

Bowers v Judicial Commission of New South Wales [2022] NSWCA 69

The appeal was incompetent because the orders under challenge were interlocutory or did not concern matters involving $100,000 or more in value; therefore, leave to appeal was required and had not been sought or obtained.

Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Appeal / Application to Dismiss Appeal as Incompetent
Outcome
Appeal dismissed as incompetent
Legal Topics
['competency of Appeal' 'leave to Appeal' 'costs Orders']
['civil Procedure'] ['competency of Appeal' 'leave to Appeal' 'costs Orders']

Case Brief

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Procedural Posture

Appeal / Application to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 ['Whether the notice of appeal filed on 22 March 2022 was incompetent for want of leave under s 101(2) of the Supreme Court Act 1970 (NSW)' 'Whether issues raised in the notice of appeal constituted interlocutory or final orders, or involved a matter at issue amounting to $100,000 or more' 'Whether the appeal could proceed without leave of the Court']

Ratio Decidendi

The appeal was incompetent because the orders under challenge were interlocutory or did not concern matters involving $100,000 or more in value; therefore, leave to appeal was required and had not been sought or obtained.

Court Disposition

Appeal dismissed as incompetent

Orders

  • ['The purported notice of appeal filed on 22 March 2022 is dismissed as incompetent.' 'Mr James Bowers pay the costs of the Judicial Commission of New South Wales of the notice of motion and the appeal.']