Atkinson v Jeffery [2024] NSWCA 149

Atkinson v Jeffery [2024] NSWCA 149

Leave to appeal is refused as none of the proposed grounds of appeal identify an arguable error, issue of principle, question of public importance, or clear injustice. The application to set aside Adamson JA's order dismissing the Notice of Appeal as 'incompetent' is dismissed because, even if the court below was not aware a summons for leave had been submitted, there is no utility in setting aside the order as the proposed appeal has now been considered and refused on its merits.

Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Leave to Appeal and Application to Set Aside Dismissal Order / Appellate Leave to Appeal and Review of Order Dismissing Appeal
Outcome
Applications dismissed; costs ordered against applicant
Legal Topics
['easements' 'appeals' 'rights of Carriageway' 'leave to Appeal' 'setting Aside Orders']
['property Law' 'civil Procedure'] ['easements' 'appeals' 'rights of Carriageway' 'leave to Appeal' 'setting Aside Orders']

Case Brief

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Procedural Posture

Leave to Appeal and Application to Set Aside Dismissal Order / Appellate Leave to Appeal and Review of Order Dismissing Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the orders concerning easements and related property interests' "Whether the order dismissing the Notice of Appeal as 'incompetent' should be set aside under s 46(4) Supreme Court Act 1970 (NSW)"]

Ratio Decidendi

Leave to appeal is refused as none of the proposed grounds of appeal identify an arguable error, issue of principle, question of public importance, or clear injustice. The application to set aside Adamson JA's order dismissing the Notice of Appeal as 'incompetent' is dismissed because, even if the court below was not aware a summons for leave had been submitted, there is no utility in setting aside the order as the proposed appeal has now been considered and refused on its merits.

Court Disposition

Applications dismissed; costs ordered against applicant

Orders

  • ["Dismiss the applicant Ms Atkinson's Summons Seeking Leave to Appeal from the judgment of Peden J on 27 October 2023." "Order that the applicant pay the respondents' (the Jefferys) costs of that Summons." "Dismiss the applicant Ms Atkinson's Notice of Motion filed 29 May 2024 seeking to set aside the orders made by...