Borcherdt v Scott [2013] NSWCA 417

Borcherdt v Scott [2013] NSWCA 417

The detained goods proceedings were conceded to involve an appeal as of right because the claimed value exceeded $100,000 and there was a realistic prospect of obtaining $100,000 or more if the appeal succeeded. The bulldozer loan proceedings and loans proceedings did not meet the threshold and required leave, but because all three Local Court proceedings involved common material, including issues about an alleged partnership, leave should be granted to the extent necessary to avoid inconsistent determinations and allow the related appeals to proceed together.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Application for Leave to Appeal and Notice of Motion to Dismiss Appeal / Court of Appeal Proceedings From Supreme Court Decision Dismissing Appeals From Local Court Proceedings
Outcome
Leave to appeal granted to the extent necessary and proceedings listed before the Registrar for directions for preparation of the appeal for hearing.
Legal Topics
['leave to Appeal' 'appeal as of Right' 'monetary Threshold for Appeal' 'local Court Appeals to Supreme Court' 'common Material Across Related Proceedings']
['civil Procedure' 'appeals'] ['leave to Appeal' 'appeal as of Right' 'monetary Threshold for Appeal' 'local Court Appeals to Supreme Court' 'common Material Across Related Proceedings']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Notice of Motion to Dismiss Appeal / Court of Appeal Proceedings From Supreme Court Decision Dismissing Appeals From Local Court Proceedings

Legal Issues

  1. 1 ['Whether leave to appeal to the Court of Appeal was required under s 101(2)(r) of the Supreme Court Act 1970 in relation to any one or more of three Local Court proceedings' 'Whether the detained goods proceedings involved a matter at issue amounting to or of the value of $100,000 or more' 'Whether leave should be granted for the bulldozer loan proceedings and the loans proceedings if the detained goods proceedings could proceed as an appeal as of right']

Ratio Decidendi

The detained goods proceedings were conceded to involve an appeal as of right because the claimed value exceeded $100,000 and there was a realistic prospect of obtaining $100,000 or more if the appeal succeeded. The bulldozer loan proceedings and loans proceedings did not meet the threshold and required leave, but because all three Local Court proceedings involved common material, including issues about an alleged partnership, leave should be granted to the extent necessary to avoid inconsistent determinations and allow the related appeals to proceed together.

Court Disposition

Leave to appeal granted to the extent necessary and proceedings listed before the Registrar for directions for preparation of the appeal for hearing.

Orders

  • ['To the extent that leave to appeal is necessary in appeal proceedings 2013 of 292118, leave be granted.' 'The proceedings be listed before the Registrar of the Court of Appeal for directions in relation to the preparation of the appeal for hearing.']