Arabi v Glad Cleaning Service Pty Limited [2009] NSWCA 417

Arabi v Glad Cleaning Service Pty Limited [2009] NSWCA 417

Although the original affidavit supporting an appeal as of right was inadequate, the affidavit sworn 10 December 2009 did enough to show that more than $100,000 was in issue in the appeal. The notice of motion to dismiss the appeal as incompetent was therefore dismissed, with costs of the motion to be costs in the appeal because the original affidavit had been inadequate.

Jurisdiction
Australia
Judgment Date
14 December 2009
Procedural Posture
Application for an Order That an Appeal Be Dismissed as Incompetent / Notice of Motion in an Appeal
Outcome
Notice of motion dismissed, and the costs of the notice of motion to be costs in the appeal.
Legal Topics
['purported Appeal as of Right' 'competence of Appeal' 'affidavit Supporting Appeal as of Right' 'amount in Issue']
['civil Procedure' 'appeals'] ['purported Appeal as of Right' 'competence of Appeal' 'affidavit Supporting Appeal as of Right' 'amount in Issue']

Case Brief

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Procedural Posture

Application for an Order That an Appeal Be Dismissed as Incompetent / Notice of Motion in an Appeal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed as incompetent because the affidavit supporting an appeal as of right was inadequate.' 'Whether the affidavit material showed an evidentiary basis that more than $100,000 was in issue in the appeal.']

Ratio Decidendi

Although the original affidavit supporting an appeal as of right was inadequate, the affidavit sworn 10 December 2009 did enough to show that more than $100,000 was in issue in the appeal. The notice of motion to dismiss the appeal as incompetent was therefore dismissed, with costs of the motion to be costs in the appeal because the original affidavit had been inadequate.

Court Disposition

Notice of motion dismissed, and the costs of the notice of motion to be costs in the appeal.

Orders

  • ['Notice of motion dismissed.' 'The costs of the notice of motion are to be costs in the appeal.']