Edwards v Sydney Building Group Pty Ltd

The applicants, Edwards, sought to appeal a decision of the District Court, which had itself heard an appeal from the Consumer, Trader and Tenancy Tribunal, against the respondent, Sydney Building Group Pty Ltd. The core of the dispute concerned the interpretation of the term "action" within the relevant legislation governing appeals from the District Court.

The primary legal issue before the Court of Appeal was whether the District Court's decision, arising from an appeal from the Consumer, Trader and Tenancy Tribunal, constituted an "action" for the purposes of the *Supreme Court Act 1970* (NSW), thereby granting a right of appeal to the Court of Appeal.

Basten JA considered the definition of "action" in the context of the *Supreme Court Act 1970* and relevant case law. His Honour noted that the term "action" in this context typically refers to proceedings commenced by writ of summons or originating process in the Supreme Court, rather than an appeal from an inferior court. The Court was therefore required to determine if the appeal from the District Court fell within this definition.

The Court made orders standing the matter over for 14 days to allow the applicants to consider amending their summons to seek alternative relief and for the respondent to consider its position regarding the competency of the appeal. Leave was granted to the applicants to amend their summons within this period if they were so advised, with costs of the day to be costs in the proceedings.