Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. By order of 13 May 2025 (13 May 2025 Order), Black J dismissed an amended summons filed on 24 February 2025 by Mr Jaworski (Amended Summons): Gerald Jaworski v Chartered Accountants Australia and New Zealand (No 4) [2025] NSWSC 457 ("Jaworski (No 4)"). In the Amended Summons, Mr Jaworski sought the following relief:

"Order that on the Court being satisfied that Mr Jaworski has a prima facie claim to be brought in the name of Chartered Accountants Australia and New Zealand (CAANZ) against its officers, CAANZ pay the future legal costs of Mr Jaworski's conduct of that claim."

2. The "claim" referred to in the Amended Summons is a claim that CAANZ's "controlling officers" breached their duties to CAANZ in four identified respects and more generally. The application by Mr Jaworski for an order that CAANZ, in effect, indemnify him for the future legal costs of that proposed claim was the only proceeding before Black J as at 13 May 2025. Mr Jaworski had not (and still has not) commenced a derivative claim such as that referred to in the Amended Summons.

3. On 10 June 2025, having given the parties an opportunity to make submissions, Black J ordered that Mr Jaworski was to pay the costs of the proceedings (Costs Order): Gerald Jaworski v Chartered Accountants Australia and New Zealand (No 5) [2025] NSWSC 590 ("Jaworski (No 5)").

4. Also on 10 June 2025, Mr Jaworski filed a lengthy narrative notice of appeal against both orders. By motion filed on 16 July 2025, CAANZ seeks orders dismissing Mr Jaworski's appeal as incompetent because leave is required under s 101(2)(c), (e) and/or (r) of the Supreme Court Act 1970 (NSW), and/or striking out the notice of appeal with leave to re-file an amended notice of appeal, and costs.

5. For the reasons set out below, the appeal should be dismissed as incompetent because the 13 May 2025 Order is an interlocutory order, such that leave to appeal is required under s 101(2)(e) of the Supreme Court Act, and the Costs Order is an order as to costs only which are in the discretion of the Court, such that leave to appeal is required under s 101(2)(c).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987e0d6d6485b64e6dc855c)

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