Papoutsakis v Dunn [2024] NSWCA 246

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Papoutsakis v Dunn [2024] NSWCA 246 Hearing dates: 14 October 2024 Date of orders: 14 October 2024 Decision date: 14 October 2024 Before: Gleeson JA Decision: 2024/218114 (Appeal proceedings) (1) Notice of appeal filed 7 June 2024 is dismissed as incompetent. (2) Appellant to pay the respondents' costs in this Court on and from 23 September 2024. 2024/297356 (Leave proceedings) (1) Dismiss the summons seeking leave to appeal. (2) Make no order as to costs of the summons, to the intent that each party pay their own costs of the summons. Catchwords: CIVIL PROCEDURE — Court of Appeal — Application to dismiss appeal as incompetent — Where plaintiff undischarged bankrupt — Where statement of claim dismissed on ground of lack of standing to sue — Bankruptcy Act 1966 (Cth) s 58 — Whether proceedings fall within exception in s 116(2)(g) — Whether matter for determination on appeal is a matter arising under an Act in the Schedule referred to in the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 7(4) — Whether Court of Appeal has jurisdiction to hear appeal Legislation Cited: Bankruptcy Act 1966 (Cth), ss 58, 116 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 7 Supreme Court Act 1970 (NSW), s 101(2)(l) Uniform Civil Procedure Rules 2005 (NSW), r 51.41 Cases Cited: Eberstaller v Poulos (2014) NSWLR 395; [2014] NSWCA 211 HSBY Pty Ltd v Lewis [2024] HCA 35 Papoutsakis v Scanlon [2024] NSWSC 562 Category: Principal judgment Parties: Antonios Papoutsakis (Appellant) Patrick Joseph Dunn (First respondent) Justin Gibb Bates (Second respondent) Representation: Counsel: N Oreb (Respondents)