DUNLOP and ANOR v CUSTOM CREDIT CORPORATION LTD [1991] NSWCA 83

DUNLOP and ANOR v CUSTOM CREDIT CORPORATION LTD [1991] NSWCA 83

The appeal is competent because the judgment entered against the opponent exceeds $10,000, satisfying the statutory threshold for appeal under s130(1)(a) of the District Court Act.

Parties
Opponent/appellant: Dunlop; Claimant/respondent: Custom Credit Corporation Ltd
Jurisdiction
Australia
Judgment Date
30 September 1991
Procedural Posture
Civil Appeal / Motion to Dismiss Appeal as Incompetent
Outcome
motion dismissed with costs
Legal Topics
Jurisdictional Threshold, Appeal Competency, Interpretation of Monetary Limit for Appeals
Civil Procedure Jurisdictional Threshold Appeal Competency Interpretation of Monetary Limit for Appeals

Case Brief

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Parties

Dunlop

Opponent/appellant

Custom Credit Corporation Ltd

Claimant/respondent

Procedural Posture

Civil Appeal / Motion to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 Whether the appeal is competent given the monetary threshold under s130(1)(a) District Court Act
  2. 2 Whether the amount in issue for appeal purposes is determined by the substantive claim or the judgment including interest

Ratio Decidendi

The appeal is competent because the judgment entered against the opponent exceeds $10,000, satisfying the statutory threshold for appeal under s130(1)(a) of the District Court Act.

Court Disposition

motion dismissed with costs

Orders

  • Motion to dismiss appeal as incompetent is dismissed
  • Opponents to pay costs