Donnelly v Australia and New Zealand Banking Corporation

Donnelly appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales. The dispute concerned the competency of the appeal itself, specifically whether the summary dismissal of proceedings under rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) constituted an interlocutory judgment for the purposes of section 101(2)(e) of the Supreme Court Act 1970 (NSW), which would require leave to appeal.

The primary legal issue before the Court of Appeal was whether the summary dismissal of Ms Donnelly's proceedings was an interlocutory judgment or a final judgment. This determination was critical to establishing whether an appeal lay as of right or required leave.

Beazley P held that the summary dismissal of proceedings under rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) was an interlocutory judgment. The reasoning was that such a dismissal did not finally determine the rights of the parties in relation to the subject matter of the litigation, but rather disposed of the proceedings on a procedural basis without a full hearing on the merits. Consequently, an appeal from this decision required leave.

The notice of appeal was accordingly dismissed as incompetent. Ms Donnelly was ordered to pay the costs of the notice of motion and the costs relating to the notice of appeal on the ordinary basis.