Gaynor v Burns

The Court of Appeal of New South Wales considered an appeal by Gaynor against Burns and others. The dispute concerned an application for damages in default of compliance with an order made under section 108(7) of the *Anti-Discrimination Act 1977* (NSW), specifically relating to homosexual vilification.

The primary legal issues before the Court were whether leave to appeal was required for the appeal to be competent, given that leave had not been sought, and whether the jurisdictional limit of $100,000 under section 101(2)(r) of the *Supreme Court Act 1970* (NSW) was satisfied. The Court also had to consider the assessment of the value of the matters realistically in contest in the appeal and the merit of the relief claimed.

Free JA determined that the appeal was incompetent because leave to appeal had not been sought, and the jurisdictional limit was not met. The Court assessed the value of the matters realistically in contest and found that it did not exceed the $100,000 threshold. Consequently, the notice of appeal was dismissed as incompetent. The appellant was ordered to pay the costs of the fourth respondent.