Kennedy v Noun

Kennedy was the applicant seeking leave to appeal an interlocutory decision of the primary judge that dismissed a cross-claim. The respondent, Noun, was the cross-respondent. The dispute concerned the correctness of the primary judge's approach to the cross-claim, with the applicant arguing that the decision lacked practical finality as to the cause of action. The appeal was heard by Basten and Macfarlan JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted from the interlocutory decision dismissing the cross-claim. This involved considering whether there was sufficient doubt as to the correctness of the primary judge's approach and whether the dismissal of the cross-claim had the effect of lacking practical finality concerning the cause of action.

The Court of Appeal granted leave to appeal. The reasoning for this decision is not detailed in the provided text, but the granting of leave suggests the Court found sufficient merit in the applicant's arguments regarding the correctness of the primary judge's approach and the practical finality of the decision. The costs of the application for leave to appeal were ordered to be costs in the appeal.