TriCare (Hastings) Limited v Allen [2015] NSWCA 344

The appeal was misconceived and incompetent as it sought to challenge obiter observations and not an operative judgment or order as required by s 101(1)(a) of the Supreme Court Act 1970 (NSW).

Jurisdiction: Australia
Judgment Date: 10 November 2015
Procedural Posture: Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed as incompetent
Legal Topics: ['appeal Competence' 'construction of S 130 a Residential Parks Act' 'jurisdictional Error']

['civil Procedure' 'residential Parks Law'] ['appeal Competence' 'construction of S 130 a Residential Parks Act' 'jurisdictional Error']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

1 ['Whether the appeal was incompetent under s 101(1) of Supreme Court Act 1970 (NSW)' 'Whether an appeal can be brought against obiter observations rather than a judgment or order' 'Correct construction of s 130A of Residential Parks Act 1998 (NSW)']

Ratio Decidendi

The appeal was misconceived and incompetent as it sought to challenge obiter observations and not an operative judgment or order as required by s 101(1)(a) of the Supreme Court Act 1970 (NSW).

Court Disposition

Appeal dismissed as incompetent

Orders

['Appeal be dismissed as incompetent.' 'Each party to pay its or their own costs.']