Atkinson v Jeffery

[2024] NSWCA 96

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Court of Appeal (NSW)
4. › Competency of appeal
5. › Whether leave to appeal required
6. › Value of matter at issue less than $100,000
7. › Whether appellant entitled to claim compensation in respect of easement burdening another's land
8. › Whether costs order counts towards threshold
9. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Real Property
2. › Easements
3. › Easement imposed under s 88K of Conveyancing Act 1919 (NSW)
4. › Compensation
5. › Whether person other than owner of burdened land entitled to compensation
6. › Conveyancing Act 1919 (NSW), s 88K

Quick Take

Where the value of the matter at issue is less than $100,000, leave to appeal must be sought at the outset; costs liability and the value of the property (as opposed to the value of the claim) cannot be relied upon to meet the threshold.