Hills v Gooden [2024] NSWCA 95

Hills v Gooden [2024] NSWCA 95

The appeal was dismissed as incompetent because no claim for damages or property right of requisite value was disclosed, so leave to appeal was required under s 101(2)(r) of the Supreme Court Act 1970 (NSW), and no leave had been sought or granted.

Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Appeal / Dismissal of Appeal as Incompetent
Outcome
Appeal dismissed as incompetent
Legal Topics
['appeals' 'leave to Appeal' 'jurisdictional Threshold' 'declaratory Relief' 'injunctive Relief']
['civil Procedure' 'equity'] ['appeals' 'leave to Appeal' 'jurisdictional Threshold' 'declaratory Relief' 'injunctive Relief']

Case Brief

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Procedural Posture

Appeal / Dismissal of Appeal as Incompetent

Legal Issues

  1. 1 ['Whether leave to appeal is required pursuant to s 101(2)(r) of the Supreme Court Act 1970 (NSW)' 'Whether appeal involves a matter at issue amounting to or of the value of $100,000 or more' 'Whether appeal is competent without leave']

Ratio Decidendi

The appeal was dismissed as incompetent because no claim for damages or property right of requisite value was disclosed, so leave to appeal was required under s 101(2)(r) of the Supreme Court Act 1970 (NSW), and no leave had been sought or granted.

Court Disposition

Appeal dismissed as incompetent

Orders

  • ['Order pursuant to r 51.41(1) of the Uniform Civil Procedure Rules 2005 (NSW) dismissing the appeal as incompetent.' "Order the appellants to pay the respondent's costs of the appeal and the costs of the notice of motion dated 26 March 2024."]