TAOUBE v RIZZUTI RIZZUTI v TAOUBE [1991] NSWCA 264

TAOUBE v RIZZUTI RIZZUTI v TAOUBE [1991] NSWCA 264

There was no jurisdiction to hear the appeal because the relevant provision allowing appeal from interlocutory orders was not in force at the time the District Court order was made.

Parties
Plaintiff/appellant: Emesto Rizzuti; Defendant/respondent: Riad Taoube
Jurisdiction
Australia
Judgment Date
26 June 1991
Procedural Posture
Appeal / Motion to Dismiss Appeal
Outcome
Appeal dismissed as incompetent.
Legal Topics
Appeal Jurisdiction, Interlocutory Orders, Striking Out Pleadings
Civil Procedure Appeal Jurisdiction Interlocutory Orders Striking Out Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Emesto Rizzuti

Plaintiff/appellant

Riad Taoube

Defendant/respondent

Procedural Posture

Appeal / Motion to Dismiss Appeal

Legal Issues

  1. 1 Whether the Supreme Court of New South Wales Court of Appeal had jurisdiction to hear an appeal from an interlocutory order of the District Court made prior to the commencement of Act No 103 of 1990, s128(5A).

Ratio Decidendi

There was no jurisdiction to hear the appeal because the relevant provision allowing appeal from interlocutory orders was not in force at the time the District Court order was made.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • Appeal dismissed as incompetent.
  • Mr Rizzuti to pay the costs of the proceeding, including the costs of the present motion.