Aroona Developments Pty Limited (In Liq) v Killen [2004] NSWCA 363

Aroona Developments Pty Limited (In Liq) v Killen [2004] NSWCA 363

The statutory threshold for leave to appeal under s 101(2)(r) Supreme Court Act 1970 is determined by the amount in the judgment, not by the actual or potential monetary recovery, thus leave to appeal is not required in cases involving judgments over $100,000.

Jurisdiction
Australia
Judgment Date
06 October 2004
Procedural Posture
Appeal / Application to Strike Out Appeals
Outcome
Application to strike out the appeals dismissed with costs.
Legal Topics
['proofs of Debt in Liquidation' 'leave to Appeal' 'jurisdictional Thresholds']
['corporations Law' 'civil Procedure'] ['proofs of Debt in Liquidation' 'leave to Appeal' 'jurisdictional Thresholds']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application to Strike Out Appeals

Legal Issues

  1. 1 ['Whether appeals should be struck out as incompetent for lack of leave under s 101(2)(r) Supreme Court Act 1970 or s 471B Corporations Act 2001 (Cth)' 'How the jurisdictional threshold under s 101(2)(r) Supreme Court Act 1970 is determined in appeals regarding admission of proofs of debt']

Ratio Decidendi

The statutory threshold for leave to appeal under s 101(2)(r) Supreme Court Act 1970 is determined by the amount in the judgment, not by the actual or potential monetary recovery, thus leave to appeal is not required in cases involving judgments over $100,000.

Court Disposition

Application to strike out the appeals dismissed with costs.

Orders

  • ['Application to strike out the appeals dismissed.' 'Respondent to pay costs.']