Singh v Khan [2021] NSWCA 281

Singh v Khan [2021] NSWCA 281

The appeal is not incompetent for want of jurisdiction, as the cross-vesting provisions do not deprive this Court of jurisdiction in the circumstances, but it is incompetent as leave to appeal is required and has not been sought or granted.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Civil Appeal / Procedural Ruling, Objection to Competency, Leave to Appeal
Outcome
Appeal not dismissed for want of jurisdiction, but is incompetent unless application for leave to appeal (and extension of time) is filed by 3 December 2021. Proceedings adjourned for further directions.
Legal Topics
['objections to Competency of Appeal' 'cross Vested Jurisdiction' 'leave to Appeal' 'declaratory Orders' 'appeal From Interlocutory Orders']
['civil Procedure' 'bankruptcy Law' 'constitutional Law'] ['objections to Competency of Appeal' 'cross Vested Jurisdiction' 'leave to Appeal' 'declaratory Orders' 'appeal From Interlocutory Orders']

Case Brief

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Procedural Posture

Civil Appeal / Procedural Ruling, Objection to Competency, Leave to Appeal

Legal Issues

  1. 1 ['Whether appeal lies only to the Federal Court due to cross-vesting provisions' 'Whether appeal requires leave as it is from an interlocutory judgment or order' 'Whether declarations can be interlocutory']

Ratio Decidendi

The appeal is not incompetent for want of jurisdiction, as the cross-vesting provisions do not deprive this Court of jurisdiction in the circumstances, but it is incompetent as leave to appeal is required and has not been sought or granted.

Court Disposition

Appeal not dismissed for want of jurisdiction, but is incompetent unless application for leave to appeal (and extension of time) is filed by 3 December 2021. Proceedings adjourned for further directions.

Orders

  • ['Unless by 3 December 2021 the appellant has filed an application for leave to appeal, including for an extension of time in which to do so, the appeal be dismissed with costs.' 'The proceedings are adjourned to 6 December 2021 before the Registrar for further directions.']