Agricultural and Rural Finance Pty Ltd v Kirk

[2010] NSWCA 132

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Interlocutory or final order
4. › Order setting aside service of originating process
5. › Whether interlocutory
6. › Whether leave to appeal required
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Concurrent hearing of leave application and appeal
5. › Criteria of cost, delay, likelihood of significant saving in hearing time
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.14(1)(b)

Quick Take

An order setting aside service of originating process is interlocutory and requires leave to appeal under s 101(2)(e) of the Supreme Court Act 1970 (NSW), even where the practical effect is that the plaintiff cannot recommence proceedings due to the expiry of a limitation period. The expiry of a limitation period does not convert an interlocutory order into a final order.