Gillian Margaret Sneddon v State of New South Wales [2012] NSWCA 7

Gillian Margaret Sneddon v State of New South Wales [2012] NSWCA 7

The appeal against the State involved a matter at issue exceeding $100,000 because Ms Sneddon sought to establish the State's vicarious liability for wrongs already quantified at $438,613.75. The appeal against Mr Orkopoulos also involved a matter at issue exceeding $100,000 because there was a real likelihood that reassessment on an intentional tort basis could exceed the existing award by at least $100,000, and because success on vicarious liability could engage statutory consequences shifting the burden of at least $438,613.75. Section 101(2)(r) therefore did not require leave to appeal.

Jurisdiction
Australia
Judgment Date
09 February 2012
Procedural Posture
Notice of Motion in an Appeal Concerning Whether Leave to Appeal Was Required / Interlocutory Application Before the Court of Appeal
Outcome
First respondent's notice of motion filed 21 December 2011 dismissed with costs
Legal Topics
['leave to Appeal' 'appeal Competency' 'matter at Issue Amounting to $100, 000 or More' 'vicarious Liability' 'damages']
['appeals' 'civil Procedure' 'torts'] ['leave to Appeal' 'appeal Competency' 'matter at Issue Amounting to $100,000 or More' 'vicarious Liability' 'damages']

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Procedural Posture

Notice of Motion in an Appeal Concerning Whether Leave to Appeal Was Required / Interlocutory Application Before the Court of Appeal

Legal Issues

  1. 1 ['Whether the appeal was from a final judgment or order involving a matter at issue amounting to or of the value of $100,000 or more for the purposes of s 101(2)(r) of the Supreme Court Act 1970.' 'Whether Ms Sneddon required leave to appeal against the State of New South Wales.' 'Whether Ms Sneddon required leave to appeal against Mr Orkopoulos in relation to quantum of damages.']

Ratio Decidendi

The appeal against the State involved a matter at issue exceeding $100,000 because Ms Sneddon sought to establish the State's vicarious liability for wrongs already quantified at $438,613.75. The appeal against Mr Orkopoulos also involved a matter at issue exceeding $100,000 because there was a real likelihood that reassessment on an intentional tort basis could exceed the existing award by at least $100,000, and because success on vicarious liability could engage statutory consequences shifting the burden of at least $438,613.75. Section 101(2)(r) therefore did not require leave to appeal.

Court Disposition

First respondent's notice of motion filed 21 December 2011 dismissed with costs

Orders

  • ['The notice of motion filed by the State on 21 December 2011 is dismissed with costs.']