Young v Sprague [2014] NSWCA 457

Young v Sprague [2014] NSWCA 457

The appellant has neither complied with UCPR r 51.22 nor established a realistic prospect of increasing his wealth by $100,000 or more if the appeal succeeded; accordingly, the appeal is incompetent and must be struck out.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Interlocutory Application / Objection to Competency of Appeal
Outcome
Notice of appeal struck out as incompetent. Appellant to pay respondents' costs of motions objecting to competency.
Legal Topics
['appeal' 'competency of Appeal' 'threshold for Leave to Appeal']
['civil Procedure'] ['appeal' 'competency of Appeal' 'threshold for Leave to Appeal']

Case Brief

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Procedural Posture

Interlocutory Application / Objection to Competency of Appeal

Legal Issues

  1. 1 ['Whether the appellant may appeal as of right or requires leave under statutory monetary threshold' 'Whether the appellant complied with procedural rules regarding appeals']

Ratio Decidendi

The appellant has neither complied with UCPR r 51.22 nor established a realistic prospect of increasing his wealth by $100,000 or more if the appeal succeeded; accordingly, the appeal is incompetent and must be struck out.

Court Disposition

Notice of appeal struck out as incompetent. Appellant to pay respondents' costs of motions objecting to competency.

Orders

  • ['The notice of appeal filed 25 June 2014 be struck out.' "The appellant pay the respondents' costs of the motions objecting to competency."]