Torrac Nominees Pty Ltd v Karabay; UWS Macarthur Sports & Recreation Association Inc v Karabay [2007] NSWCA 96

Torrac Nominees Pty Ltd v Karabay; UWS Macarthur Sports & Recreation Association Inc v Karabay [2007] NSWCA 96

Where proceedings have been dismissed and completed prior to the operation of new procedural law, the District Court lacks statutory or inherent power under the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, or its transitional provisions, to reinstate such proceedings; 'anything begun' in the savings clause does not encompass completed litigation.

Jurisdiction
Australia
Judgment Date
02 May 2007
Procedural Posture
Application for Leave to Appeal (interlocutory) and Appeal / Court of Appeal; Post Judgment at District Court, Matter on Appeal
Outcome
Appeal allowed; leave to appeal granted restricted to the power question; order of the District Court set aside; costs awarded to claimants; certificate under Suitors Fund Act granted; notice of appeal to be filed within 7 days.
Legal Topics
['statutory Interpretation' 'repeal of Procedural Provisions' 'powers to Reinstate Proceedings' 'effect of Transitional Provisions' 'interlocutory Appeals']
['civil Procedure'] ['statutory Interpretation' 'repeal of Procedural Provisions' 'powers to Reinstate Proceedings' 'effect of Transitional Provisions' 'interlocutory Appeals']

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Procedural Posture

Application for Leave to Appeal (interlocutory) and Appeal / Court of Appeal; Post Judgment at District Court, Matter on Appeal

Legal Issues

  1. 1 ['Whether the District Court had power to reinstate proceedings dismissed under a repealed procedural rule after the new Civil Procedure Act 2005 commenced' "Interpretation of Schedule 6 clause 10 of the Civil Procedure Act 2005 transitional provisions—meaning of 'anything begun'"]

Ratio Decidendi

Where proceedings have been dismissed and completed prior to the operation of new procedural law, the District Court lacks statutory or inherent power under the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, or its transitional provisions, to reinstate such proceedings; 'anything begun' in the savings clause does not encompass completed litigation.

Court Disposition

Appeal allowed; leave to appeal granted restricted to the power question; order of the District Court set aside; costs awarded to claimants; certificate under Suitors Fund Act granted; notice of appeal to be filed within 7 days.

Orders

  • ['Leave to appeal be granted restricted to the question whether the District Court had power to make the order in question' 'The notice of appeal is to be filed within 7 days' 'The appeal is allowed with costs' 'The order of the District Court Judge is set aside' 'The respondent is to pay the costs of the notice of...