Infact Consulting Pty Ltd v Kyle House Pty Ltd [2005] NSWSC 1092

Infact Consulting Pty Ltd v Kyle House Pty Ltd [2005] NSWSC 1092

The purported appeal to the court constituted by a judge is incompetent because the orders made by the Associate Judge were final orders and, under Supreme Court Rules, Part 60 rule 17(k), appeal lies only to the Court of Appeal.

Parties
Appellant: Infact Consulting Pty Ltd; Respondent: Kyle House Pty Ltd
Jurisdiction
Australia
Judgment Date
24 October 2005
Procedural Posture
Corporations Appeal / Appeal From Associate Judge to Judge of Supreme Court
Outcome
Purported appeal dismissed as incompetent
Legal Topics
Winding Up, Statutory Demand, Appeals Procedure, Final and Interlocutory Orders
Corporations Law Winding Up Statutory Demand Appeals Procedure Final and Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Infact Consulting Pty Ltd

Appellant

Kyle House Pty Ltd

Respondent

Procedural Posture

Corporations Appeal / Appeal From Associate Judge to Judge of Supreme Court

Legal Issues

  1. 1 Whether an order dismissing an application to set aside a statutory demand is a 'final order'
  2. 2 Whether appeal lies to Court of Appeal or court constituted by a judge

Ratio Decidendi

The purported appeal to the court constituted by a judge is incompetent because the orders made by the Associate Judge were final orders and, under Supreme Court Rules, Part 60 rule 17(k), appeal lies only to the Court of Appeal.

Court Disposition

Purported appeal dismissed as incompetent

Orders

  • The purported appeal instituted by the plaintiff's 'Notice of Appeal from Associate Judge' is dismissed with costs.