Lambourne v Baker (No 6)

Case

[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.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Stay of Proceedings

  • Jurisdiction

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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

Collier v Lancer [2013] NSWCA 185