POPADIC v GRACE BROS PTY LTD [1989] NSWCA 167

POPADIC v GRACE BROS PTY LTD [1989] NSWCA 167

The appeal is incompetent because there is no evidence capable of establishing the value of the lost right of jury trial, so the requirements of s130(1)(a) are not satisfied and leave to appeal was neither sought nor granted.

Parties
Plaintiff/respondent/claimant: Popadic; Defendant/appellant/opponent: Grace Bros Pty Ltd
Jurisdiction
Australia
Judgment Date
18 September 1989
Procedural Posture
Appeal / Motion to Dismiss Appeal as Incompetent
Outcome
Appeal dismissed as incompetent.
Legal Topics
Right to Jury Trial, Interlocutory Orders, Appeal Requirements, Section 130 District Court Act
Civil Procedure Right to Jury Trial Interlocutory Orders Appeal Requirements Section 130 District Court Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Popadic

Plaintiff/respondent/claimant

Grace Bros Pty Ltd

Defendant/appellant/opponent

Procedural Posture

Appeal / Motion to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 Whether the order dispensing with the jury was appealable under s128(2A) and s130(1)(a) of the District Court Act
  2. 2 Whether the appeal is incompetent for lack of evidence regarding the value of lost right to jury trial
  3. 3 Whether leave to appeal was required and granted

Ratio Decidendi

The appeal is incompetent because there is no evidence capable of establishing the value of the lost right of jury trial, so the requirements of s130(1)(a) are not satisfied and leave to appeal was neither sought nor granted.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • The opponent is to pay the costs of the motion.
  • The appellant is to pay the costs of the appeal.