Asuzu v Council of the New South Wales Bar Association

[2012] NSWCA 406

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Time for filing notice of appeal
5. › Material date
6. › Whether amendment of orders under slip rule or liberty to apply creates new material date
7. › Whether grant of liberty to apply prevents orders from being final
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.16(1)(c), r 51.2(3)
1. Practice and Procedure
2. › Appeals
3. › Extension of time to file notice of appeal
4. › Relevant factors
5. › Explanation for delay
6. › Prospects of success on appeal
7. › Whether fairly arguable grounds disclosed
1. Practice and Procedure
2. › Summary dismissal
3. › Frivolous or vexatious proceedings
4. › Appeal from disciplinary tribunal
5. › Whether grounds of appeal disclose reasonably arguable error of law, fact or discretion
6. › General Steel Industries test applied
7. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal from costs order
4. › Whether leave required where substantive orders also challenged
5. › Legal Profession Act 2004 (NSW), s 729A(4)(c)

Quick Take

Orders in respect of which liberty to apply has been granted are final and operative from the date they are pronounced; the grant of liberty to apply does not defer the material date for calculating the time for filing a notice of appeal. An amendment under the slip rule or equivalent statutory power does not create a new material date unless the appeal is directed to the amendment itself. The [name withheld] v Gosford City Council approach to leave requirements for costs appeals applies under s 729A(4)(c) of the Legal Profession Act 2004 (NSW).