Rose v Tunstall

The parties to this matter were Rose (appellant) and Tunstall (respondent). The dispute concerned an appeal from a decision of the Local Court. The appeal was heard in the Supreme Court of New South Wales.

The primary legal issue before the Supreme Court was whether it had the power to make findings of fact on an appeal from the Local Court, particularly in circumstances where the appeal was brought pursuant to sections 39 and 41 of the *Local Court Act 2007*. A secondary issue arose concerning an application for leave to appeal, which was made because the amount in dispute fell below the statutory threshold for an appeal as of right under section 101 of the *Supreme Court Act 1970*.

The Court determined that it did not have the power to make new findings of fact on appeal from the Local Court. The Court also refused leave to appeal, finding that the case did not raise an issue of principle, a question of general importance, or a reasonably clear injustice. Consequently, leave to cross-appeal was also refused.

The Court made no order as to costs in the Supreme Court.