Salon Essentials Pty Ltd ACN 622 352 621 v Hawley International Pty Ltd ACN 099 809 300

The Court of Appeal of New South Wales considered an appeal by Salon Essentials Pty Ltd against interlocutory orders made by Judicial Registrar Howard in the District Court. Hawley International Pty Ltd sought to have the appeal dismissed as incompetent.

The central legal issue before the Court of Appeal was whether the appeal, purportedly brought as of right from an interlocutory decision of the District Court, was competent.

Stern JA determined that the appeal was incompetent. The Court of Appeal applied the principles governing appeals as of right from interlocutory decisions, which generally require leave to appeal unless specific exceptions apply. As the appeal was not brought pursuant to any statutory provision permitting an appeal as of right from the interlocutory orders made, and no application for leave to appeal had been filed, the appeal was dismissed.

The Court of Appeal ordered that the notice of appeal be dismissed as incompetent and that Salon Essentials Pty Ltd pay Hawley International Pty Ltd’s costs of the motion.