McGinn v Cranbrook School [2015] NSWCA 378

McGinn v Cranbrook School [2015] NSWCA 378

The appeal was incompetent because the decision appealed from was an interlocutory order requiring leave to appeal, and none was sought; authorities binding the court required such appeals be dismissed as incompetent.

Parties
Applicant: Sophia McGinn; Respondent: Cranbrook School
Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Appeal / Decision on Competency of Appeal
Outcome
Appeal dismissed as incompetent
Legal Topics
Appeal Competency, Summary Dismissal, Indemnity Costs
Civil Procedure Appeal Competency Summary Dismissal Indemnity Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Sophia McGinn

Applicant

Cranbrook School

Respondent

Procedural Posture

Appeal / Decision on Competency of Appeal

Legal Issues

  1. 1 Whether the appeal was competent as of right from a summary dismissal under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether leave to appeal was required under s 101(2)(e) of the Supreme Court Act 1970 (NSW)
  3. 3 Whether there was actual or apprehended bias justifying recusal

Ratio Decidendi

The appeal was incompetent because the decision appealed from was an interlocutory order requiring leave to appeal, and none was sought; authorities binding the court required such appeals be dismissed as incompetent.

Court Disposition

Appeal dismissed as incompetent

Orders

  • The notice of appeal filed 13 October 2015 be dismissed as incompetent.
  • The appellant pay the respondent's costs of the appeal on an indemnity basis.