An appeal from an interlocutory decision of an associate judge of the NSW Supreme Court must be brought in the Common Law Division by notice of motion under UCPR r 49.4, not in the Court of Appeal. Leave to appeal is not required for such an appeal. Where proceedings are wrongly commenced in the Court of Appeal, they may be remitted under s 51(2) of the Supreme Court Act 1970.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
3 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.