SMITH BROS TRADE AND TRANSPORT TERMINAL PTY LIMITED (formerly SMITH BROS CRANES AND CARTAGE PTY LIMITED) v PACIFIC POWER (formerly ELECTRICITY COMMISSION OF NSW) [1996] NSWCA 481
The notice of motion for leave to appeal was unnecessary and the appeal should proceed in the ordinary way, with opportunity given for objection to competency within 21 days.
- Parties
- Claimant: Smith Bros Trade and Transport Terminal Pty Limited; Respondent: Pacific Power
- Jurisdiction
- Australia
- Judgment Date
- 02 September 1996
- Procedural Posture
- Application for Leave to Appeal / Court of Appeal, Application for Leave
- Outcome
- Notice of motion dismissed; costs to be costs on the appeal; time for filing objection to competency allowed to run for 21 days from today.
- Legal Topics
- Appeal, Consent Orders, Competency Challenge
Case Brief
Summary, issues, holding and outcome
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Parties
Smith Bros Trade and Transport Terminal Pty Limited
Claimant
Pacific Power
Respondent
Procedural Posture
Application for Leave to Appeal / Court of Appeal, Application for Leave
Legal Issues
- 1 Whether leave to appeal is necessary for consent orders under s 101 of the Supreme Court Act
- 2 From which date the appeal period runs for consent orders
- 3 Proper mechanism and timing for challenge to competency
Ratio Decidendi
The notice of motion for leave to appeal was unnecessary and the appeal should proceed in the ordinary way, with opportunity given for objection to competency within 21 days.
Court Disposition
Notice of motion dismissed; costs to be costs on the appeal; time for filing objection to competency allowed to run for 21 days from today.
Orders
- Notice of motion dismissed
- Costs to be costs on the appeal
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