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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5449
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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ThereI applied matter to be transferred from

Customer Question

Hi thereI applied for a matter to be transferred from District Court to Supreme Court - but a Judge rejected that application on hearing evidence of the other party.I would like to appeal to the Court of Appeal on this, as the Judge did not understand the facts correctly, and, also, applied cases which were not relevant. There is also additional evidence I would like to present to support my original transfer, which was not presented - and is very relevant.My question is - do I need to apply for Leave to Appeal - or is this Appeal an automatic right under the Supreme Court Act s 101 (a) or (b)?Or, is the above application considered an interlocutory application, and hence I need leave?(i.e. s101 (2) (e)?I was under the impression it wasn't, as the real matter is listed in the District Court - the only thing lodged in the Supreme Court was the Application to Transfer (i.e.Summons/Notice of Motion).Also - can I lodge a Notice of Intention to Appeal, or do I just go into the Leave/Appeal (based on your advice above)?I just need to know whether I need to apply for leave or not, i.e. what is the above action characterized as.urgent advice please.if there is other legislation/rules I should apply also, please let me know.ThankyouI am a little confused.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Also - apart from appealing the actual decision - can I appeal the costs order which was made against me?What do I need to do to appeal the costs order - can it all be done in the one application?
Customer: replied 1 year ago.
Also - what are the clear rules by which I can lodge an appeal - i.e. can it be for error of facts, error of law etc? Can I show more evidence on appeal to prove this, or am I limited to the evidence at the time of the original hearing?
Expert:  Daniel replied 1 year ago.
What are you actually appealing on?
A judgement or a decision to keep the matter in the district court?
If it is the latter, then there sadly is no appeal.
In regard to the costs decision, this also cannot be appealed sadly.
Customer: replied 1 year ago.
Why not? Where is the authority that says that? It makes no senseThe supreme court judge made several errors, so her judgement that there is no transfer to the SC is wrong.Of course I should be able to appeal.Show me law that says otherwise
Customer: replied 1 year ago.
S101 of the Supreme Court Act outlines allowances of appeal
Expert:  Daniel replied 1 year ago.
I am aware of the section. It has not changed my advice?