Liu v The Owners – Strata Plan No 53093 [2024] NSWCA 291

Liu v The Owners – Strata Plan No 53093 [2024] NSWCA 291

There is no statutory right of appeal from a District Court decision on appeal from the Local Court in civil matters, and the applicants failed to raise any arguable case of jurisdictional error or denial of procedural fairness to support judicial review. Thus, the summons was incompetent and must be dismissed.

Parties
First Applicant: Yu Liu; Second Applicant: Li Wang; Respondent: The Owners – Strata Plan No 53093
Jurisdiction
Australia
Judgment Date
03 December 2024
Procedural Posture
Civil Appeal / Judgment on Competency of Appeal
Outcome
summons dismissed as incompetent; no order as to costs
Legal Topics
Right of Appeal, Judicial Review, Costs, Competence of Appeal
Civil Procedure Right of Appeal Judicial Review Costs Competence of Appeal

Case Brief

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Parties

Yu Liu

First Applicant

Li Wang

Second Applicant

The Owners – Strata Plan No 53093

Respondent

Procedural Posture

Civil Appeal / Judgment on Competency of Appeal

Legal Issues

  1. 1 Whether there is a right of appeal from a District Court decision on appeal from the Local Court in civil matters
  2. 2 Whether the summons should be treated as invoking the Supreme Court's supervisory jurisdiction under s 69 of the Supreme Court Act 1970 (NSW)
  3. 3 Whether the applicants raised a reasonably arguable case for review

Ratio Decidendi

There is no statutory right of appeal from a District Court decision on appeal from the Local Court in civil matters, and the applicants failed to raise any arguable case of jurisdictional error or denial of procedural fairness to support judicial review. Thus, the summons was incompetent and must be dismissed.

Court Disposition

summons dismissed as incompetent; no order as to costs

Orders

  • Dismiss as incompetent the summons filed in the Common Law Division on 31 July 2024 and transferred to this Court on 9 October 2024.
  • No order as to the costs of the proceedings in this Court or in the Division.