Huang v Nazaran

[2021] NSWCA 243

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Jurisdiction
3. › Appeal to District Court
4. › Local Court special jurisdiction
5. › Whether right of appeal from order dismissing application proceedings
6. › Whether s 70(1)(b) confers appeal from 'any order' arising from application notice
7. › Local Court Act 2007 (NSW), s 70(1)(b)
1. Practice and Procedure
2. › Supervisory jurisdiction
3. › Judicial review
4. › Jurisdictional error
5. › Inferior court mistakenly denying jurisdiction
6. › Whether separate requirement to establish materiality of error
7. › Supreme Court Act 1970 (NSW), s 69
1. Statutes
2. › Interpretation
3. › Closing words of s 70(1) of Local Court Act 2007 (NSW)
4. › Whether words 'in the same way as such an appeal may be made in relation to a conviction' restrict subject matter of appeal or prescribe form and procedure

Quick Take

Section 70(1)(b) of the Local Court Act 2007 (NSW) confers a right of appeal to the District Court from any order arising from an application notice in the Local Court's special jurisdiction, including orders dismissing the application, unless the Act pursuant to which the order was made prohibits such an appeal.