Recent Cases

Atkinson v Jeffery [2024] NSWCA 149 (14 June 2024) (Ward P, Meagher and Stern JJA)


Catchwords:


APPEALS – leave to appeal – where none of proposed grounds identifies arguable error and no issue of principle or question of public importance – leave refused

APPEALS – practice and procedure – appeal dismissed by judge of appeal as “incompetent” – application for review under Supreme Court Act 1970 (NSW), s 46(4) – where applicant had sought to file summons seeking leave to appeal but did not make judge aware of that fact – order dismissing appeal not “plainly wrong” on facts as disclosed – no utility in setting aside order where no material difference between notice of appeal dismissed as “incompetent” and proposed appeal for which leave refused