High Court of Australia Owen J. Gaetjens v Arndale (Kilkenny) Pty Ltd ORDER Motion dismissed with costs. Aug. 24. Owen J. On the material before me—and I have not had regard to certain evidence which was produced this morning by the respondent to the motion and which the applicant has had little or no opportunity to meet—I think the inference is open, and I draw it, that as a result of the judgment sought to be appealed from, the would-be appellant, respondent to this motion, is prejudicially affected to the extent of at least $3,000 and that the case is one in which an appeal lies as of right. Accordingly I think this motion should be dismissed. [After argument as to costs, His Honour continued:] I think that the order should be that the motion be dismissed with costs