Lambourne v Baker (No 6)
Case
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[2025] NSWCA 45
•27 March 2025
Details
AGLC
Case
Decision Date
Lambourne v Baker (No 6) [2025] NSWCA 45
[2025] NSWCA 45
27 March 2025
CaseChat Overview and Summary
The applicants sought leave to appeal to the Court of Appeal of New South Wales against a decision of a single judge of the Court of Appeal. The underlying dispute concerned a previous judgment of the Supreme Court of New South Wales. The applicants contended that the single judge had erred in law in their previous decision.
The primary legal issue before the Court of Appeal was whether the applicants had demonstrated that the single judge's decision was affected by an error of principle or was plainly wrong, as required by section 46(4) of the *Supreme Court Act 1970* (NSW) and rule 51.58 of the *Uniform Civil Procedure Rules 2005* (NSW) for leave to appeal to the full court.
The Court of Appeal considered the arguments presented by both parties. It found that the applicants had failed to establish the necessary grounds for leave to appeal. Consequently, the Court dismissed the motion for leave to appeal. The Court also ordered that the stay previously imposed on the judgment be lifted.
The primary legal issue before the Court of Appeal was whether the applicants had demonstrated that the single judge's decision was affected by an error of principle or was plainly wrong, as required by section 46(4) of the *Supreme Court Act 1970* (NSW) and rule 51.58 of the *Uniform Civil Procedure Rules 2005* (NSW) for leave to appeal to the full court.
The Court of Appeal considered the arguments presented by both parties. It found that the applicants had failed to establish the necessary grounds for leave to appeal. Consequently, the Court dismissed the motion for leave to appeal. The Court also ordered that the stay previously imposed on the judgment be lifted.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Stay of Proceedings
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Jurisdiction
Actions
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Citations
Lambourne v Baker (No 6) [2025] NSWCA 45
Most Recent Citation
Lambourne v Baker (No 9) [2025] NSWCA 53
Cases Citing This Decision
2
Lambourne v Baker (No 9)
[2025] NSWCA 53
Lambourne v Baker (No 10)
[2025] NSWCA 54
Cases Cited
34
Statutory Material Cited
4
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[2022] NSWSC 43