Damjanovic v Sharpe Hume & Co (Services) Pty Ltd

The parties to this appeal were Damjanovic (the appellant) and Sharpe Hume & Co (Services) Pty Ltd (the respondent). The dispute concerned an appeal from a decision of the District Court of New South Wales, which had dismissed the appellant's proceedings after determining a separate question. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether leave to appeal was necessary from the District Court's decision to dismiss the appellant's proceedings, which had been based on the determination of a separate question.

The Court of Appeal held that the District Court's order dismissing the appellant's proceedings was a final order, and therefore, an appeal from that order required leave. The Court reasoned that the determination of the separate question had the effect of finally disposing of the appellant's claim, even though it was made at an interlocutory stage of the proceedings. Consequently, the appeal was dismissed for want of jurisdiction, as leave to appeal had not been sought or granted.