Geilston Pty Ltd v Tricom Equities Ltd

Geilston Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court. The dispute concerned an application by Tricom Equities Ltd (the respondent) to strike out Geilston's summons.

The primary legal issue before the Court of Appeal was whether Geilston's appeal was competent. This question arose in circumstances where the Supreme Court had already made orders striking out Geilston's summons.

The Court of Appeal determined that the appeal was incompetent. It reasoned that the orders made by the Supreme Court were interlocutory in nature, and an appeal against such orders generally requires leave of the court. As leave had not been sought or granted, the appeal could not proceed. The court applied the principles governing appeals against interlocutory decisions, emphasizing the need for specific leave to appeal in such circumstances.

Consequently, the appeal was dismissed as incompetent, and Geilston was ordered to pay the costs of the appeal, including the costs of the motion and the amended motion.