Boulos v Martin (No 3) [2012] NSWCA 162

Boulos v Martin (No 3) [2012] NSWCA 162

The applicant did not demonstrate a basis for setting aside Justice Young's order, as leave to appeal was required and not obtained, the appeal was properly dismissed as incompetent, and no miscarriage of justice or error was shown.

Jurisdiction
Australia
Judgment Date
18 May 2012
Procedural Posture
Interlocutory Application / Application to Review Interlocutory Decision
Outcome
Application dismissed
Legal Topics
['interlocutory Application' 'appeal Competence' 'leave to Appeal' 'district Court Act 1973 (nsw), S 127' 'uniform Civil Procedure Rules 2005 (nsw), R 51.22' 'supreme Court Act 1970 (nsw), S 46(4)']
['civil Procedure'] ['interlocutory Application' 'appeal Competence' 'leave to Appeal' 'district Court Act 1973 (nsw), S 127' 'uniform Civil Procedure Rules 2005 (nsw), R 51.22' 'supreme Court Act 1970 (nsw), S 46(4)']

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Procedural Posture

Interlocutory Application / Application to Review Interlocutory Decision

Legal Issues

  1. 1 ['Whether the application to review the interlocutory decision dismissing the appeal as incompetent should be granted' 'Whether the order made by Colefax DCJ was interlocutory or final' 'Whether leave to appeal was required under s 127(2)(c) of the District Court Act 1973 (NSW)' 'Whether failure to file an affidavit under r 51.22 of the Uniform Civil Procedure Rules 2005 (NSW) affected the competence of the appeal' 'Whether the application should be regarded as competent because it was permitted to be filed by the Registrar' 'Whether the earlier refusal of leave was unreasonable or unjust']

Ratio Decidendi

The applicant did not demonstrate a basis for setting aside Justice Young's order, as leave to appeal was required and not obtained, the appeal was properly dismissed as incompetent, and no miscarriage of justice or error was shown.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed' "Applicant to pay respondent's costs"]