Cassegrain v Cassegrain [2008] NSWSC 322

Cassegrain v Cassegrain [2008] NSWSC 322

An appeal from an associate Judge's order determining a question of costs in a matter otherwise finalised must be made to the Court of Appeal, not to a single Judge, subject to leave; therefore, an appeal to this Court (Supreme Court) was incompetent and proceedings should be removed to the Court of Appeal.

Jurisdiction
Australia
Judgment Date
14 April 2008
Procedural Posture
Civil / Appeal From Order of Associate Judge Regarding Costs
Outcome
Appeal to this Court adjudged incompetent; proceedings removed into the Court of Appeal.
Legal Topics
['appeals' 'costs' 'supreme Court Procedure']
['procedure'] ['appeals' 'costs' 'supreme Court Procedure']

Case Brief

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Procedural Posture

Civil / Appeal From Order of Associate Judge Regarding Costs

Legal Issues

  1. 1 ["Whether appeal from associate Judge's costs order lies to a single Judge of the Supreme Court or to the Court of Appeal" 'Application and interpretation of Supreme Court Act 1970 and Supreme Court Rules 1970 regarding appellate jurisdiction over costs orders']

Ratio Decidendi

An appeal from an associate Judge's order determining a question of costs in a matter otherwise finalised must be made to the Court of Appeal, not to a single Judge, subject to leave; therefore, an appeal to this Court (Supreme Court) was incompetent and proceedings should be removed to the Court of Appeal.

Court Disposition

Appeal to this Court adjudged incompetent; proceedings removed into the Court of Appeal.

Orders

  • ['Proceedings removed to the Court of Appeal under Supreme Court Act 1970 s 51(1)' 'Parties directed to bring in short minutes of order reflecting reasons']