Young v Sprague

[2014] NSWCA 457

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Right of appeal from District Court
4. › Statutory threshold of $100,000
5. › Whether appellant demonstrated realistic prospect of increasing wealth by $100,000
6. › District Court Act 1973 (NSW), s 127(2)(c)
1. Practice and Procedure
2. › Appeals
3. › Compliance with procedural requirements
4. › Affidavit requirement under UCPR r 51.22
5. › Whether bald assertions as to quantum sufficient
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.22

Quick Take

Bald assertions as to the quantum of damages, without an affidavit setting out material facts, are insufficient to satisfy the $100,000 competency threshold for appeals as of right from the District Court under s 127(2)(c) of the District Court Act 1973 (NSW). Costs are excluded from the calculation of the threshold.

Case Details

Citation[2014] NSWCA 457

CourtNSWCA

JurisdictionNew South Wales

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Relies on10

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