McDonald v Cottenham Nominees Pty Limited

In *McDonald v Cottenham Nominees Pty Limited*, the appellant, Mrs McDonald, sought to appeal a decision of the primary court. The respondent, Cottenham Nominees Pty Limited, challenged the competency of the appeal. The matter came before Barrett JA of the Court of Appeal of New South Wales.

The central legal issue before the Court was whether the appeal was competent, specifically concerning the monetary threshold required for an appeal as of right. The respondent contended that the amount in issue was not demonstrated to be at least $100,000, which is a prerequisite for an appeal without leave under the relevant legislation.

Barrett JA considered the nature of the dispute and the evidence presented regarding the value of the subject matter. His Honour determined that the appellant had failed to establish that the amount in issue met the statutory minimum of $100,000. Consequently, the appeal was not competent as of right.

Accordingly, Barrett JA ordered that if an appeal had been initiated by Mrs McDonald, it was dismissed as incompetent. If an application for leave to appeal had been initiated, it was struck out. Mrs McDonald was ordered to pay the costs of Cottenham Nominees Pty Ltd in relation to the notice of motion challenging competency and the costs of both Cottenham Nominees Pty Ltd and Dama Enterprises Pty Ltd in relation to the appeal.