Jaworski v Chartered Accountants Australia and New Zealand

The Court of Appeal of New South Wales considered an appeal by Mr Jaworski against Chartered Accountants Australia and New Zealand. The dispute concerned the competency of an appeal purportedly brought as of right from an interlocutory decision and a decision as to costs.

The primary legal issue before the Court of Appeal was whether the appeal was competent, given that it was brought as of right from an interlocutory decision and a costs order.

Stern JA determined that the appeal was incompetent. The Court applied the principles governing appeals as of right, which generally do not extend to interlocutory decisions or orders solely as to costs, unless specific conditions are met which were not satisfied in this instance.

Consequently, the Court of Appeal dismissed the appeal as incompetent and ordered Mr Jaworski to pay Chartered Accountants Australia and New Zealand’s costs of the proceedings.