The test under s 101(2)(r) of the Supreme Court Act 1970 (NSW) for whether an appeal lies as of right is whether the realistic worth of the claim exceeds $100,000 — that is, whether the appellant would have a realistic prospect of obtaining $100,000 or more if successful. Where multiple interrelated proceedings are involved and an appeal as of right exists for one, leave should be granted for the others to avoid inconsistent determinations.
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