Atkinson v Jeffery

This matter concerned an application by Ms Atkinson for leave to appeal to the Court of Appeal of the Supreme Court of New South Wales against a judgment of Peden J. Ms Atkinson also sought to review an earlier order of Adamson JA, which had dismissed her appeal as "incompetent". The respondents were the Jefferys.

The Court of Appeal was required to determine whether any of Ms Atkinson's proposed grounds of appeal disclosed an arguable error of law or fact, or raised an issue of principle or public importance that warranted the grant of leave to appeal. Additionally, the Court had to consider whether the order dismissing the appeal as incompetent was plainly wrong, and if there was any utility in setting aside that order.

The Court found that none of the proposed grounds of appeal identified an arguable error, nor did they raise any issue of principle or public importance. Regarding the earlier dismissal of the appeal as incompetent, the Court noted that Ms Atkinson had sought to file a summons seeking leave to appeal but had not brought this to the attention of Adamson JA. The Court concluded that the order dismissing the appeal was not plainly wrong on the facts then disclosed, and that there would be no material difference between the dismissed "incompetent" appeal and the proposed appeal for which leave was refused. Consequently, the Court dismissed Ms Atkinson's summons seeking leave to appeal and her notice of motion seeking to set aside the earlier order.