BERTRAM TRADING CO PTY LTD v LANDSBURYS (AUST) PTY LTD & ANOR [1999] NSWCA 260

BERTRAM TRADING CO PTY LTD v LANDSBURYS (AUST) PTY LTD & ANOR [1999] NSWCA 260

Sections 183B(2) and 183C extended the application of s127 of the District Court Act 1973 to judgments and orders made before the commencement of the 1997 amending legislation, and the only sensible application of those provisions was to remove an existing appeal as of right where the appeal sought to vary the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 August 1999
Procedural Posture
Appeal From District Court; Application to Strike Out Notice of Appeal and Application for Leave to Appeal / Court of Appeal Judgment
Outcome
Appeal struck out; application for leave to appeal dismissed with costs.
Legal Topics
['district Court Appeals' 'retrospective Legislation' 'leave to Appeal' 'accrued Rights of Appeal' "valuer's Duty of Care"]
['civil Procedure' 'statutory Interpretation' 'appeals' 'negligence'] ['district Court Appeals' 'retrospective Legislation' 'leave to Appeal' 'accrued Rights of Appeal' "valuer's Duty of Care"]

Source-derived case record

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Procedural Posture

Appeal From District Court; Application to Strike Out Notice of Appeal and Application for Leave to Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the amendments to s127 of the District Court Act 1973 applied retrospectively to require leave to appeal from Judge Herron's judgment and orders." "Whether the appellant's appeal was incompetent because leave to appeal had not been obtained." "Whether leave to appeal should be granted in relation to the District Court's rejection of the appellant's negligence claim."]

Ratio Decidendi

Sections 183B(2) and 183C extended the application of s127 of the District Court Act 1973 to judgments and orders made before the commencement of the 1997 amending legislation, and the only sensible application of those provisions was to remove an existing appeal as of right where the appeal sought to vary the relevant amount by less than $100,000. The appellant therefore required leave to appeal. Because the proposed appeal had little real prospect of success, leave to appeal was refused.

Court Disposition

Appeal struck out; application for leave to appeal dismissed with costs.

Orders

  • ["The appellant's appeal filed on 19 June 1998 struck out." "The appellant to pay the respondents' costs of the application." "The appellant's application for leave to appeal dismissed with costs."]