The measure of value for determining whether an appeal lies as of right under s 101(2)(r)(ii) of the Supreme Court Act 1970 (NSW) is the extent of the prejudice to the appellant — the difference between what the judgment requires and what the appellant seeks on appeal — not the value of the underlying property or the total equity in dispute. Where an applicant seeks an extension of time to file a summons seeking leave to appeal, the vested right to retain the judgment applies with even more force than in ordinary extension of time applications because the legislature has reinforced the finality principle by imposing a monetary limit on the right to challenge the judgment.
The full text is available to signed-in members, including the 115 later cases that cite this judgment.
16 of the 115 citing cases carry a classified treatment. How each court treated it is available to signed-in members.