Rose v Tunstall

[2018] NSWCA 241

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal on question of law
3. › Powers of appellate court on appeal limited to question of law
4. › Whether Supreme Court may make findings of primary fact
5. › Local Court Act 2007 (NSW), ss 39, 41
6. › Supreme Court Act 1970 (NSW), s 75A
1. Appeal
2. › Application for leave to appeal
3. › Amount in dispute under statutory threshold
4. › Whether issue of principle, question of general importance or reasonably clear injustice
5. › Supreme Court Act 1970 (NSW), s 101
1. Practice and Procedure
2. › Costs
3. › Proportionality of costs to amount in dispute
4. › Civil Procedure Act 2005 (NSW), s 60

Quick Take

On an appeal on a question of law under s 39 of the Local Court Act 2007 (NSW), the Supreme Court has no power to make findings of primary fact even where both parties invite it to do so; s 75A of the Supreme Court Act does not expand the scope of such an appeal.