Bennelong Medical Pty Ltd v Commissioner of Taxation (No 6)

[2024] ACTCA 21

ACT Court of Appeal11 July 2024

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Whether leave to appeal interlocutory decision available after dismissal of substantive proceedings
5. › Whether appeal from interlocutory decision separate from appeal of substantive matter is pointless
6. › Court Procedures Rules 2006 (ACT), rr 30, 1505
7. › Supreme Court Act 1933 (ACT), s 37J
1. Practice and Procedure
2. › Interlocutory orders
3. › Appeal from interlocutory orders
4. › Purpose of interlocutory appeals
5. › Relationship between interlocutory appeals and substantive proceedings

Quick Take

An application for leave to appeal from an interlocutory decision cannot be maintained as a standalone proceeding once the substantive proceedings have been dismissed. Errors in interlocutory decisions must instead be raised as grounds of appeal from the final decision disposing of the substantive proceedings.

Case Details

Citation[2024] ACTCA 21

CourtACTCA

JurisdictionAustralian Capital Territory

Decision Date11 July 2024

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Relies on3

2024Bennelong Medical Pty Ltd v Commissioner of Taxation (No 5)ACTSC 194
2023Bennelong Medical Pty Ltd v Commissioner of TaxationACTSC 74
1990Annetts v McCannHCA 57

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