Grygiel v Baine

The case of *Grygiel v Baine* concerned an application to the Supreme Court of New South Wales for leave to appeal against a decision of the Registrar. The underlying dispute originated in the Consumer, Trader and Tenancy Tribunal, where an application to amend a pleading was rejected. The applicant sought to appeal this rejection to the Supreme Court, but the competency of that appeal was challenged.

The primary legal issue before the Court was whether the appeal to the Supreme Court was competent. This involved determining whether the Registrar's decision rejecting the appeal from the Tribunal was an interlocutory decision, and if so, whether the appeal concerned a "monetary value of $100,000 or more" as required for an appeal as of right. The Court also considered the appropriate practice to be followed when the competency of an appeal is challenged, and the appellant wishes to seek leave to appeal in the alternative.

Mason P, in delivering the judgment, reasoned that the Registrar's decision was indeed interlocutory. Crucially, his Honour found that the appeal did not concern a matter of $100,000 or more, and therefore, an appeal as of right was not available. The Court noted the importance of adhering to the procedural requirements for appeals, particularly concerning the threshold for monetary value.

Consequently, the application for leave to appeal was dismissed with costs.