EDWARDS v SYDNEY BUILDING GROUP PTY LTD [2010] NSWCA 185

EDWARDS v SYDNEY BUILDING GROUP PTY LTD [2010] NSWCA 185

The matter was not determined on the merits; the Court stood the matter over for 14 days to allow the applicants to consider amending their summons for alternative relief and did not finally rule on extension of time or the competency of the appeal.

Parties
Applicant: David Antony Edwards; Applicant: Leigh Edwards; Respondent: Sydney Building Group Pty Ltd
Jurisdiction
Australia
Judgment Date
03 August 2010
Procedural Posture
Appeal / Interlocutory Directions; Application for Leave to Appeal (out of Time)
Outcome
Matter stood over for 14 days; leave granted to amend summons; no final determination on appeal or extension of time.
Legal Topics
Right of Appeal, Statutory Appeal, Extension of Time, Prerogative Relief
Civil Procedure Right of Appeal Statutory Appeal Extension of Time Prerogative Relief

Case Brief

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Parties

David Antony Edwards

Applicant

Leigh Edwards

Applicant

Sydney Building Group Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Directions; Application for Leave to Appeal (out of Time)

Legal Issues

  1. 1 Whether there is a right of appeal to the Court of Appeal from a statutory appeal determined in the District Court under s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW)
  2. 2 Whether an extension of time should be granted for the application for leave to appeal
  3. 3 Whether alternative relief (e.g. prerogative relief under s 69 of the Supreme Court Act 1970 (NSW)) should be sought

Ratio Decidendi

The matter was not determined on the merits; the Court stood the matter over for 14 days to allow the applicants to consider amending their summons for alternative relief and did not finally rule on extension of time or the competency of the appeal.

Court Disposition

Matter stood over for 14 days; leave granted to amend summons; no final determination on appeal or extension of time.

Orders

  • Stand the matter over for a period of 14 days to allow the applicants to consider whether to amend the present summons so as to seek alternative relief and to allow the respondent to consider its position in relation to the competency of the appeal.
  • Grant the applicants leave to amend their summons within that period, if so advised.