Wang & Liu v State of New South Wales

The applicants, Wang and Liu, sought leave to appeal to the Court of Appeal of New South Wales against a decision of the Supreme Court. The dispute concerned the ability to appeal against reasons for judgment where no formal judgment or order had been entered.

The central legal issue before the Court of Appeal was whether an appeal could lie against the reasons for a judgment or order, or whether an appeal was strictly limited to a formal, entered judgment or order that definitively determined the parties' legal rights. The Court was required to consider the scope of section 101(1) of the *Supreme Court Act 1970* (NSW), which stipulates that appeals only lie against a "judgment or order".

Campbell JA and Handley AJA reasoned that an appeal lies against a judgment or order, not against the reasons for that judgment or order. They held that it is impossible to appeal against orders that have not been made, and where there is no formal judgment or order which, when entered, is binding on the parties and definitive of their legal rights, no appeal lies. The Court noted that the Uniform Civil Procedure Rules 2005 provide for the entry of judgments and orders, and the setting aside or variation thereof, including time limits for such applications.

Consequently, the application for leave to appeal was dismissed with costs.