Byrne v Turner Freeman Lawyers

[2025] NSWCA 146

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory judgment or order
4. › Summary dismissal
5. › Whether summary dismissal interlocutory in nature
6. › Whether appeal lies as of right or requires leave
7. › District Court Act 1973 (NSW), s 127(2)(a)
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28
1. Appeal
2. › Competency of appeal
3. › Objection to competency
4. › Dismissal of appeal as incompetent
5. › Uniform Civil Procedure Rules 2005 (NSW), r 51.41
1. Appeal
2. › Leave to appeal
3. › Statutory construction
4. › Whether later enactment of leave requirement for summary judgment implies appeals from summary dismissal lie as of right
5. › District Court Act 1973 (NSW), s 127(2)(a), (d)

Quick Take

Orders for summary dismissal under UCPR r 13.4 remain interlocutory for the purposes of s 127(2)(a) of the District Court Act 1973 (NSW), and the later insertion of s 127(2)(d) dealing with summary judgment does not create a necessary implication that summary dismissal appeals lie as of right.