Young v King

In the matter of *Young v King*, the appellant, Young, appealed to the Court of Appeal of New South Wales against orders made by Sheahan J. The appeal was brought by consent, with the respondents conceding that there had been appellable error in the original decision.

The primary legal issue before the Court of Appeal was whether to uphold the appeal based on the concessions made by the respondents. The court was required to be satisfied that these concessions regarding appellable error were properly made before proceeding to make orders.

Leeming JA, noting the consent of the parties, found that the concessions of appellable error were properly made. Consequently, the Court of Appeal upheld the appeal in proceeding 2013/162966 and remitted the matter to Sheahan J for determination. The respondents were ordered to pay the appellant's costs of the appeal and were granted a certificate pursuant to s 6 of the *Suitors' Fund Act 1951*, provided they qualified. For proceeding 2013/46329, the parties were directed to agree on short minutes of order within seven days, or alternatively, to serve proposed orders with submissions on the future conduct of that proceeding.