Gillian Margaret Sneddon v NSW

[2012] NSWCA 7

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Leave to appeal
4. › Whether leave required
5. › Matter at issue amounting to $100,000 or more
6. › Quantification of matter at issue
7. › Whether limited to claimed variation from judgment below
8. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Appeal
2. › Right of appeal
3. › Leave to appeal
4. › Vicarious liability claim against the State
5. › Whether value of underlying liability constitutes matter at issue
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)

Quick Take

The 'matter at issue' in an appeal under s 101(2)(r) of the Supreme Court Act 1970 (NSW) is not limited to the claimed variation from the judgment below. Where an appellant seeks to establish vicarious liability for a wrong already quantified at trial, the full amount of that liability constitutes the matter at issue. The interaction between the Law Reform (Vicarious Liability) Act 1983 and the Employees' Liability Act 1991 may also be relevant to quantifying the matter at issue.