WEST v HAWES [1990] NSWCA 186

WEST v HAWES [1990] NSWCA 186

The appeal is incompetent as no leave to appeal was sought for a judgment below $5,000 as required by s128 of the District Court Act 1973.

Parties
Appellant: Raymond Stanley West; Respondent: Hawes; Respondent: Commercial Union Assurance Company
Jurisdiction
Australia
Judgment Date
02 April 1990
Procedural Posture
Civil Appeal / Application for Dismissal of Appeal on Competency Grounds
Outcome
Appeal dismissed as incompetent
Legal Topics
Right of Appeal, Leave to Appeal, Costs, Joinder of Parties
Practice and Procedure Right of Appeal Leave to Appeal Costs Joinder of Parties

Case Brief

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Parties

Raymond Stanley West

Appellant

Hawes

Respondent

Commercial Union Assurance Company

Respondent

Procedural Posture

Civil Appeal / Application for Dismissal of Appeal on Competency Grounds

Legal Issues

  1. 1 Whether the appeal is incompetent for want of leave where the District Court judgment was below $5,000
  2. 2 Whether the joinder of a party not joined below was proper

Ratio Decidendi

The appeal is incompetent as no leave to appeal was sought for a judgment below $5,000 as required by s128 of the District Court Act 1973.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed
  • Appellant to pay claimant respondent's costs of the appeal and of the motion for dismissal of the appeal as incompetent