Muldoon v Church of England Children's Homes Burwood

(2011) 80 NSWLR 282; [2011] NSWCA 46

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appellate jurisdiction
3. › Court of Appeal (NSW)
4. › Appeal from District Court
5. › Meaning of 'action' under s 127 District Court Act 1973 (NSW)
6. › Whether statutory appeal to District Court from CTTT is an 'action'
7. › District Court Act 1973 (NSW), s 127
8. › Consumer Trader and Tenancy Tribunal Act 2001 (NSW), s 67
1. Practice and Procedure
2. › Jurisdiction
3. › Appellate jurisdiction
4. › Competency of appeal
5. › No right of appeal from District Court exercising statutory appellate jurisdiction under s 67 CTTT Act
6. › District Court Act 1973 (NSW), ss 4, 9, 44, 127

Quick Take

There is no right of appeal from the District Court to the Court of Appeal under s 127(1) of the District Court Act 1973 (NSW) where the District Court was exercising statutory appellate jurisdiction under s 67 of the Consumer Trader and Tenancy Tribunal Act 2001 (NSW), because such a proceeding is not an 'action' within the meaning of s 127(1). Parties dissatisfied with such a District Court decision may need to seek prerogative relief under s 69 of the Supreme Court Act 1970 instead.