Jabulani Pty Ltd v Walkabout II Pty Ltd

The New South Wales Court of Appeal considered the competency of an appeal and cross-appeal in proceedings between Jabulani Pty Ltd (appellant) and Walkabout II Pty Ltd (respondent). The underlying dispute concerned the appointment of receivers and the adoption of a referees' report.

The primary legal issue before the Court of Appeal was whether the appeal and cross-appeal involved a claim, demand, or question to or respecting a civil right amounting to or to the value of $100,000, as required by section 101(2)(r) of the *Supreme Court Act 1970* (NSW) for the Court to have jurisdiction to hear the appeal.

The Court of Appeal determined that the appeal and cross-appeal were incompetent because the necessary threshold value of $100,000 was not met. Consequently, the Court lacked jurisdiction to entertain the substantive merits of the appeals.

The Court of Appeal ordered that the purported appeal and cross-appeal be dismissed as incompetent, with no order as to costs, meaning each party was to bear their own costs of the proceedings.