Gorczynski v W & FT Osmo Pty Ltd

[2019] NSWCA 80

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal from interlocutory decision of associate Judge
3. › Jurisdiction of Court of Appeal
4. › Effect of commencing proceedings in Court of Appeal when appeal lies to Division
5. › Whether proceedings incompetent or merely irregular
6. › Supreme Court Act 1970 (NSW), ss 51(2), 101, 104, 118(4)
1. Practice and Procedure
2. › Preliminary discovery
3. › Discretionary refusal
4. › Breadth of categories of documents sought
5. › Whether primary judge applied too narrow concept of 'possession'
6. › Uniform Civil Procedure Rules 2005 (NSW), r 5.3
7. › Civil Procedure Act 2005 (NSW), s 3

Quick Take

Proceedings commenced in the Court of Appeal which should have been commenced in a Division are not incompetent but merely irregular, and may be retained and disposed of by the Court of Appeal under s 51(2) of the Supreme Court Act 1970 (NSW).