Where a single Notice of Appeal is filed by one appellant against two respondents in respect of two separate judgments each under $100,000 but together exceeding $100,000, the appeal involves a matter at issue of $100,000 or more under s 101(2)(r) of the Supreme Court Act 1970 (NSW) and lies as of right. The test under s 101(2)(r) requires characterisation of what is involved in the appeal, not characterisation of the judgment appealed from — a distinction from the pre-1984 s 35 Judiciary Act 1903 (Cth). On extensions of time, the requirement of a 'fairly arguable case' is not invariable; where the explanation for delay is less than satisfactory, the applicant may need to demonstrate more substantial merit.
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