Atkinson v Jeffery

[2024] NSWCA 149

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Supreme Court Act 1970 (NSW), s 101(2)(r)
4. › Matter not involving claim or question of $100,000 or more
5. › Whether proposed grounds identify arguable error
6. › Whether issue of principle or question of public importance
7. › Leave refused
1. Appeal
2. › Practice and procedure
3. › Appeal dismissed as incompetent by single judge of appeal
4. › Application for review under Supreme Court Act 1970 (NSW), s 46(4)
5. › Whether decision 'plainly wrong'
6. › Where applicant had sought to file summons seeking leave but did not inform judge
7. › No utility in setting aside order where leave to appeal refused on merits

Quick Take

This case is a routine application of settled principles governing leave to appeal under s 101(2)(r) of the Supreme Court Act 1970 (NSW) and review under s 46(4), with no broader doctrinal significance.