KLEWER v WALTON [2003] NSWSC 113

KLEWER v WALTON [2003] NSWSC 113

An appeal from a Master on a Justices Act 1902 Part 5 appeal is not competent to a Judge of the Division; the proper appellate route is by leave to the Court of Appeal under SCR Pt 60 r 17(a) and Schedule D Part 3 paragraph 4(a).

Jurisdiction
Australia
Judgment Date
06 March 2003
Procedural Posture
Notice of Motion (appeal From Master’s Decision) / Judgment on Notice of Motion
Outcome
Notice of Motion dismissed; plaintiff to pay the defendant's costs.
Legal Topics
['appeals From Master' 'competence of Appeal' 'justices Act 1902 Part 5 Process']
['civil Procedure'] ['appeals From Master' 'competence of Appeal' 'justices Act 1902 Part 5 Process']

Case Brief

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Procedural Posture

Notice of Motion (appeal From Master’s Decision) / Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether an appeal from a Master to a Judge of the Division is competent in a Justices Act 1902 Part 5 appeal' 'The appropriate appellate pathway for orders made by a Master on a Part 5 appeal']

Ratio Decidendi

An appeal from a Master on a Justices Act 1902 Part 5 appeal is not competent to a Judge of the Division; the proper appellate route is by leave to the Court of Appeal under SCR Pt 60 r 17(a) and Schedule D Part 3 paragraph 4(a).

Court Disposition

Notice of Motion dismissed; plaintiff to pay the defendant's costs.

Orders

  • ['Notice of Motion is dismissed.' "Plaintiff is ordered to pay the defendant's costs."]