David Harold Eastman v Commissioner for Housing in the Australian Capital Territory
Case
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[2010] ACTCA 12
•11 June 2010
Details
AGLC
Case
Decision Date
David Harold Eastman v Commissioner for Housing in the Australian Capital Territory [2010] ACTCA 12
[2010] ACTCA 12
11 June 2010
CaseChat Overview and Summary
The Supreme Court of the Australian Capital Territory, constituted by Gray P, Penfold and Lander JJ, considered an application for leave to appeal from an interlocutory decision made by the Master. The applicant, David Harold Eastman, sought to appeal this decision, but the Court was required to determine the nature and competence of such an appeal.
The central legal issue before the Court was whether the appeal brought by Mr Eastman was competent under the relevant legislation, specifically section 9 of the *Supreme Court Act 1933* (ACT). This required the Court to interpret the statutory provisions governing appeals from interlocutory decisions made by a Master.
The Court reasoned that the appeal, as presented, did not conform to the requirements of section 9 of the *Supreme Court Act 1933* (ACT). Consequently, the Court found the purported appeal to be incompetent. The appeal was therefore dismissed.
The central legal issue before the Court was whether the appeal brought by Mr Eastman was competent under the relevant legislation, specifically section 9 of the *Supreme Court Act 1933* (ACT). This required the Court to interpret the statutory provisions governing appeals from interlocutory decisions made by a Master.
The Court reasoned that the appeal, as presented, did not conform to the requirements of section 9 of the *Supreme Court Act 1933* (ACT). Consequently, the Court found the purported appeal to be incompetent. The appeal was therefore dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Statutory Interpretation
Legal Concepts
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Appeal
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Jurisdiction
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Statutory Construction
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Res Judicata
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Citations
David Harold Eastman v Commissioner for Housing in the Australian Capital Territory [2010] ACTCA 12
Most Recent Citation
Eastman v Commissioner for Housing in the Australian Capital Territory [2008] ACTSC 1
Cases Citing This Decision
8
Eastman v Commissioner for Social Housing
[2011] ACTCA 12
Clarkson v St Vincent De Paul Samaritan Services
[2016] ACTSC 235
Bedford v Earle
[2015] ACTSC 306
Cases Cited
7
Statutory Material Cited
1
David Harold Eastman v The Honourable Jeffrey Allan Miles
[2006] ACTSC 57
Carrigan v Honourable Senator Michaelia Cash
[2017] FCAFC 86
David Harold Eastman v The Honourable Jeffrey Allan Miles
[2006] ACTSC 57