BAR-MORDECAI v HILLSTON & ORS [2000] NSWCA 120

BAR-MORDECAI v HILLSTON & ORS [2000] NSWCA 120

The summons seeking leave to appeal to the Court of Appeal was incompetent because the proper avenue of appeal from the Master's decision lay to a single judge of the equity division, not to the Court of Appeal. The claimant should pay only those costs incurred after being informed of the correct procedure.

Jurisdiction
Australia
Judgment Date
16 May 2000
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision Regarding Competency and Costs
Outcome
Application for leave to appeal is dismissed as incompetent.
Legal Topics
['costs' 'competency of Appeal' 'jurisdiction' 'appeals Procedure']
['practice & Procedure'] ['costs' 'competency of Appeal' 'jurisdiction' 'appeals Procedure']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision Regarding Competency and Costs

Legal Issues

  1. 1 ['Whether the summons for leave to appeal was filed in the correct court' 'Whether costs should be awarded for an incompetent application']

Ratio Decidendi

The summons seeking leave to appeal to the Court of Appeal was incompetent because the proper avenue of appeal from the Master's decision lay to a single judge of the equity division, not to the Court of Appeal. The claimant should pay only those costs incurred after being informed of the correct procedure.

Court Disposition

Application for leave to appeal is dismissed as incompetent.

Orders

  • ['Application for leave to appeal is dismissed as incompetent.' 'Claimant to pay costs of opponents incurred after 20 August 1999.']