Salon Essentials Pty Ltd ACN 622 352 621 v Hawley International Pty Ltd ACN 099 809 300 [2025] NSWCA 30

Salon Essentials Pty Ltd ACN 622 352 621 v Hawley International Pty Ltd ACN 099 809 300 [2025] NSWCA 30

The Notice of Appeal was incompetent because the orders appealed from were interlocutory, requiring leave under s 127(2)(a) of the District Court Act 1973 (NSW), which was not sought or obtained. The appeal was accordingly dismissed.

Parties
Appellant/respondent to Notice of Motion: Salon Essentials Pty Ltd ACN 622 352 621; Respondent/applicant: Hawley International Pty Ltd ACN 099 809 300
Jurisdiction
Australia
Judgment Date
04 March 2025
Procedural Posture
Civil Appeal / Application to Dismiss Appeal as Incompetent
Outcome
Appeal dismissed as incompetent
Legal Topics
Competency of Appeal, Interlocutory Orders, Leave to Appeal, Costs Orders
Civil Procedure Competency of Appeal Interlocutory Orders Leave to Appeal Costs Orders

Case Brief

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Parties

Salon Essentials Pty Ltd ACN 622 352 621

Appellant/respondent to Notice of Motion

Hawley International Pty Ltd ACN 099 809 300

Respondent/applicant

Procedural Posture

Civil Appeal / Application to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 Whether the Notice of Appeal filed 31 December 2024 against the orders of Judicial Registrar Howard was competent without leave
  2. 2 Whether the 5 December 2024 orders were interlocutory and required leave to appeal
  3. 3 Proper court for appeal against a Judicial Registrar's orders

Ratio Decidendi

The Notice of Appeal was incompetent because the orders appealed from were interlocutory, requiring leave under s 127(2)(a) of the District Court Act 1973 (NSW), which was not sought or obtained. The appeal was accordingly dismissed.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Notice of Appeal filed 31 December 2024 against the orders of Judicial Registrar Howard in the District Court is dismissed as incompetent.
  • Salon Essentials Pty Ltd pay Hawley International Pty Ltd's costs of the motion.