Maynes v Casey [2011] NSWCA 156

Maynes v Casey [2011] NSWCA 156

Appeal dismissed as incompetent due to failure to establish right to appeal under statutory threshold and lack of material facts supporting damages; application for leave refused as findings of fact on trespass, assault, and privacy could not be plausibly challenged, and no wider purpose would be served in granting leave.

Jurisdiction
Australia
Judgment Date
20 June 2011
Procedural Posture
Civil Appeal / Application for Leave and Competency Motions
Outcome
Appeal dismissed as incompetent; application for leave to appeal refused; applicants ordered to pay respondents' costs.
Legal Topics
['trespass to Land' 'assault' 'privacy' 'competency of Appeal' 'damages' 'implied Licence' 'extension of Time']
['torts' 'civil Procedure'] ['trespass to Land' 'assault' 'privacy' 'competency of Appeal' 'damages' 'implied Licence' 'extension of Time']

Case Brief

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Procedural Posture

Civil Appeal / Application for Leave and Competency Motions

Legal Issues

  1. 1 ['Whether appeal is competent without leave under District Court Act 1973 (NSW) s 127(2)(c)' 'Whether implied licence to enter property was revoked' 'Whether conduct amounted to assault' 'Whether conduct amounted to unjustified intrusion on personal privacy' 'Assessment of damages']

Ratio Decidendi

Appeal dismissed as incompetent due to failure to establish right to appeal under statutory threshold and lack of material facts supporting damages; application for leave refused as findings of fact on trespass, assault, and privacy could not be plausibly challenged, and no wider purpose would be served in granting leave.

Court Disposition

Appeal dismissed as incompetent; application for leave to appeal refused; applicants ordered to pay respondents' costs.

Orders

  • ['Dismiss the appeal filed on 16 March 2011 as incompetent.' 'Grant the applicants an extension of time within which to seek leave to appeal until 21 April 2011.' 'Refuse the application for leave to appeal from the judgment of the District Court delivered on 23 December 2010.' "Order the applicants to pay the...