An appeal from a District Court final judgment lies as of right under s 127 of the District Court Act 1973 (NSW) if there is a realistic prospect of changing the result by $100,000 or more; the phrase 'at issue' does not mean whatever variation might be claimed. Where a leave application is filed unnecessarily, the appellant bears the respondent's costs, but the respondent's lawyers have a duty to concede that leave is unnecessary, and costs attributable to their failure to do so will not be recoverable.
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