McDonald v Cottenham Nominees Pty Limited [2013] NSWCA 83

McDonald v Cottenham Nominees Pty Limited [2013] NSWCA 83

The District Court judge's contingent assessment of damages was $94,800, so the amount in issue was not shown to exceed $100,000 and any appeal as of right was incompetent under s 127(2)(c) of the District Court Act 1973. The leave applications were substantially out of time, not supported by reasons for the delay or the material required by r 51.12, and Mrs McDonald's documents did not disclose any arguable ground of appeal. The appeal was therefore dismissed as incompetent and any application for leave to appeal was struck out.

Jurisdiction
Australia
Judgment Date
10 April 2013
Procedural Posture
Interlocutory Applications in an Appeal From the District Court of New South Wales / Notice of Motion by the First Respondent Challenging Competency of the Appeal and Seeking Dismissal or Summary Disposal of Any Application for Leave to Appeal
Outcome
Any appeal initiated by Mrs McDonald was dismissed as incompetent; any application for leave to appeal was struck out; costs orders were made in favour of the respondents.
Legal Topics
['competency of Appeal' 'leave to Appeal' 'amount in Issue Threshold' 'extension of Time' 'strike Out' 'costs']
['civil Procedure' 'appeals' 'personal Injury Negligence'] ['competency of Appeal' 'leave to Appeal' 'amount in Issue Threshold' 'extension of Time' 'strike Out' 'costs']

Case Brief

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Procedural Posture

Interlocutory Applications in an Appeal From the District Court of New South Wales / Notice of Motion by the First Respondent Challenging Competency of the Appeal and Seeking Dismissal or Summary Disposal of Any Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether any appeal initiated by Mrs McDonald was incompetent because the amount in issue was not shown to exceed $100,000.' 'Whether any application for leave to appeal should be permitted to proceed despite being substantially out of time and not accompanied by required material.' "Whether Mrs McDonald's documents disclosed any arguable ground of appeal."]

Ratio Decidendi

The District Court judge's contingent assessment of damages was $94,800, so the amount in issue was not shown to exceed $100,000 and any appeal as of right was incompetent under s 127(2)(c) of the District Court Act 1973. The leave applications were substantially out of time, not supported by reasons for the delay or the material required by r 51.12, and Mrs McDonald's documents did not disclose any arguable ground of appeal. The appeal was therefore dismissed as incompetent and any application for leave to appeal was struck out.

Court Disposition

Any appeal initiated by Mrs McDonald was dismissed as incompetent; any application for leave to appeal was struck out; costs orders were made in favour of the respondents.

Orders

  • ['If and to the extent that an appeal has been initiated by Mrs McDonald, that appeal is dismissed as incompetent.' 'If and to the extent that an application for leave to appeal has been initiated by Mrs McDonald, that application is struck out under rules 13.4 and 14.28 of the Uniform Civil Procedure Rules.' 'Mrs...