Render v Gleeson [1999] NSWCA 154

Render v Gleeson [1999] NSWCA 154

The decision appealed from was made pursuant to a notice of motion seeking summary dismissal, so leave to appeal was required under section 101 subsection (2)(l) of the Supreme Court Act. Because the appellant had not sought leave, the appeal was incompetent and had to be dismissed with costs.

Jurisdiction
Australia
Judgment Date
10 May 1999
Procedural Posture
Appeal From Dismissal of Summons in the Common Law Division / Notice of Appeal; Respondent's Motion to Dismiss; Appellant's Motion for Expedition
Outcome
appeal dismissed as incompetent with costs; motion for expedition dismissed
Legal Topics
['incompetent Appeal' 'leave to Appeal' 'summary Dismissal' 'expedition']
['civil Procedure' 'appeals'] ['incompetent Appeal' 'leave to Appeal' 'summary Dismissal' 'expedition']

Case Brief

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Procedural Posture

Appeal From Dismissal of Summons in the Common Law Division / Notice of Appeal; Respondent's Motion to Dismiss; Appellant's Motion for Expedition

Legal Issues

  1. 1 ['Whether the appeal was competent without leave under section 101 subsection (2)(l) of the Supreme Court Act.' "Whether the appellant's motion seeking expedition should be granted."]

Ratio Decidendi

The decision appealed from was made pursuant to a notice of motion seeking summary dismissal, so leave to appeal was required under section 101 subsection (2)(l) of the Supreme Court Act. Because the appellant had not sought leave, the appeal was incompetent and had to be dismissed with costs.

Court Disposition

appeal dismissed as incompetent with costs; motion for expedition dismissed

Orders

  • ['The appeal be dismissed as incompetent with costs.' 'The Notice of Motion seeking expedition be dismissed.']